IN RE ESTATE OF HARDING

No. 03-156.

878 A.2d 201 (2005)

2005 VT 24

In re ESTATE OF Caleb HARDING.

Supreme Court of Vermont.

Motion for Reargument Denied March 29, 2005.


Attorney(s) appearing for the Case

Francis J. Thornton, Charlotte, and Joseph F. Obuchowski, Burlington, for Plaintiff-Appellant.

Robin Ober Cooley of Pierson Wadhams Quinn Yates & Coffrin, Burlington, for Defendants-Appellees.

Present: DOOLEY, JOHNSON, SKOGLUND and REIBER, JJ., and ALLEN, C.J. (Ret.), Specially Assigned.


JOHNSON, J.

This dispute involves the interpretation of deed language "[e]xcepting and reserving" a family burial plot from a land conveyance in 1837. Plaintiff is the original grantor's oldest living heir and is related, across the generations, to the person buried at the gravesite. Defendants own property that completely surrounds the disputed gravesite, and their chain of title includes the deed language referencing the burial plot. The Chittenden Probate Court...

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