CURRAN v. BUILDING FUND OF UNITED CHURCH

No. 12-346.

88 A.3d 1204 (2013)

2013 VT 118

Joanne M. CURRAN, Michael G. Curran, M.D., and Cathleen A. Curran v. BUILDING FUND OF the UNITED CHURCH OF LUDLOW, VT, Black River Academy Museum, Ludlow Garden Club, et al.

Supreme Court of Vermont.

December 6, 2013.


Attorney(s) appearing for the Case

John T. Sartore and Stephen J. Soule of Paul Frank + Collins P.C., Burlington, for Plaintiffs-Appellants.

Peter F. Langrock , James W. Swift and Michele B. Patton of Langrock Sperry & Wool, LLP, Middlebury, and Andrew C. Boxer and Robert D. Mabey of Ellis Boxer & Blake, Springfield, for Defendants-Appellees/Cross-Appellants.

Present: REIBER, C.J., DOOLEY, SKOGLUND and BURGESS, JJ., and ZIMMERMAN, Supr. J. (Ret.), Specially Assigned.


BURGESS, J.

¶ 1. Plaintiffs appeal from a judgment based on a jury verdict finding that the testator Phyllis Agan possessed the capacity and free will to execute a trust, leaving sizable bequests to defendants, various nonprofit organizations in the Town of Ludlow, Vermont. Defendants cross-appeal, claiming that the trial court erred in denying their requests for attorney's fees and prejudgment interest. We affirm.

¶ 2. The background to this dispute...

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