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LANDMARK TRUST (USA), INC. v. GOODHUE

No. 99-381.

782 A.2d 1219 (2001)

LANDMARK TRUST (USA), INC. and Scott Farm, Inc. v. John GOODHUE, Mary H. Panzera and First Vermont Bank & Trust Co.

Supreme Court of Vermont.

September 21, 2001.

Attorney(s) appearing for the Case

Peter W. Hall and Mary E. Grady of Reiber, Kenlan, Schwiebert, Hall & Facey, P.C., Rutland, for Plaintiffs-Appellees.

James B. Anderson and John A. Serafino of Ryan Smith & Carbine, Ltd., Rutland, for Defendant-Appellant Goodhue.

Hanson S. Reynolds of Rackemann, Sawyer & Brewster, Boston, Massachusetts, and Timothy W. Caldwell, Lyme, New Hampshire, for Defendant-Appellant Panzera.

Present: DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and CHEEVER, Superior Judge, Specially Assigned.

JOHNSON, J.

This dispute arose from the gift by Fred Holbrook, a noted Vermont apple orchardist, of his farm to plaintiffs Scott Farm, Inc., and Landmark Trust (USA), Inc., a land preservation organization. Defendants John Goodhue, a fourth cousin and guardian for Holbrook, and Mary Panzera, Holbrook's sister, sought to challenge the transfer of Scott Farm to plaintiffs on the ground that Holbrook was not competent at the time of the transfer in June, 1995. Plaintiffs...

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