IN RE ESTATE OF FITZSIMMONS

No. 12-192.

86 A.3d 1026 (2013)

2013 VT 95

In re ESTATE OF Doris H. FITZSIMMONS (Joanne Fitzsimmons Balkam, Executor, Appellant).

Supreme Court of Vermont.

October 18, 2013.


Attorney(s) appearing for the Case

Richard Linton Brock and Thomas Dawson Brock of Brock & Brock, PLLC, Montpelier, for Appellant.

James W. Swift and Cara L. Cookson of Langrock Sperry & Wool, LLP, Burlington, for Appellees.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and ZONAY, Supr. J., Specially Assigned.


DOOLEY, J.

¶ 1. Appellant Joanne Fitzsimmons Balkam appeals the superior court's partial summary judgment decision which reversed a probate court decision that had granted her permission, as executor of her mother's estate, to physically partition and sell parts of a real estate property to make a division between the heirs of her mother's residual estate. The appellees are two of her brothers, Dennis and James Fitzsimmons. We reverse and remand.

¶...

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