AVERY v. AVERY

No. 17-113.

192 A.3d 1250 (2018)

2018 VT 59

Bonnie L. AVERY, v. Estate of Allen D. AVERY.

Supreme Court of Vermont.

June 15, 2018.


Attorney(s) appearing for the Case

W. E. Whittington of Whittington Law Associates, PLLC, Hanover, New Hampshire, for Appellant.

Mark A. Langan and Justin B. Barnard of Dinse, Knapp & McAndrew, P.C., Burlington, for Appellees Mark Avery and Jeffrey Avery.

Richard C. Carroll of Phillips, Dunn, Shriver & Carroll, P.C., Brattleboro, for Appellee John T. Schiffman, Executor of the Estate of Allen D. Avery.

PRESENT: Reiber, C.J., Skoglund and Robinson, JJ., and Bryan (Ret.) and Davenport (Ret.), Supr. JJ., Specially Assigned.


¶ 1. Allen Avery (testator) died testate in 2008 and left property to his spouse and children. Spouse, children, and the executor of the estate have disputed how the estate's administrative expenses should be allocated. The civil division determined that expenses should be paid out of spouse's share of the personal estate until...

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