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IN RE ESTATES OF ALLEN

No. 10-408.

30 A.3d 662 (2011)

2011 VT 95

In re the ESTATES OF Herbert O. ALLEN, Edward E. Allen and Edna L. Allen. Gary E. Rupe v. Rupe Slate Company, Inc. a/k/a Rupe Slate Co. Inc. and Richard R. Rupe.

Supreme Court of Vermont.

August 19, 2011.

Attorney(s) appearing for the Case

Tracee Oakman Rupe of Law Office of Tracee Oakman, P.C., Wells, for Plaintiff-Appellant Gary Rupe.

Lisa Chalidze , Benson, and Theodore A. Parisi, Jr. , Castleton, for Defendants-Appellees.

Present: DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ., and CRAWFORD, Supr. J., Specially Assigned.

DOOLEY, J.

¶ 1. This case originates from a quiet-title action by defendant Richard Rupe and his father, Michael C. Rupe, laying claim to certain mineral rights by way of adverse possession. Plaintiff1 Gary Rupe, Richard's brother, subsequently asserted his own claim to the mineral rights in question, and the probate court granted him a one-third interest in the rights. Defendant and his father appealed the probate decision to the...

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