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IN RE ESTATE OF HOLBROOK

No. 16-293.

166 A.3d 595 (2017)

2017 VT 15

IN RE Appeal of the ESTATE OF Elaine A. HOLBROOK, Late of Salisbury, Vermont (David Holbrook, Cheryl Holbrook and Charles Holbrook III, Appellants).

Supreme Court of Vermont.

March 3, 2017.

Attorney(s) appearing for the Case

Peter F. Langrock and Avi J. Springer of Langrock Sperry & Wool, LLP, Middlebury, for Appellants.

Kathleen M. Boe and James F. Carroll of Carroll, Boe & Pell, P.C., Middlebury, for Appellee.

PRESENT: Reiber, C.J., Dooley, Skoglund and Eaton, JJ., and Morris, Supr. J. (Ret.), Specially Assigned.

¶ 1. The question presented in this will contest is whether the trial court correctly determined on summary judgment that the testator intended a last will and testament which she executed on the eve of surgery to be absolute rather than contingent on her surviving the surgery. We conclude that summary judgment was premature in...

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