MESSIER v. MESSIER

No. 116-81.

438 A.2d 397 (1981)

Elodia B., Rosaire, Pauline, Gerald, Judy, Gilles, Mariette, Roger, Elaine, Gaston, Ruth, Marcel and Cecile MESSIER v. Robert MESSIER and Patricia Messier.

Supreme Court of Vermont.

Motion for Reargument Denied November 24, 1981.


Attorney(s) appearing for the Case

Joel Page of J. M. Farrell Associates, Inc., Burlington, for plaintiffs.

Donald E. O'Brien and Howard J. Seaver, Burlington, for defendants.

Before BARNEY, C. J., BILLINGS, HILL and UNDERWOOD, JJ., and LARROW, J. (Ret.), Specially Assigned.


HILL, Justice.

This is an appeal by the defendants, Robert and Patricia Messier, from an order of the Franklin Superior Court modifying the report of commissioners in a partition proceeding. The defendants assert that the trial court erred when it modified the partition made by the commissioners. We agree and reverse.

The Messier family operated a 130 acre farm in Fairfield, Vermont, until 1965 when the family patriarch became ill. He died in 1968, and the...

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