Legal Opinion

In Re Trust Estate of Archambault

Supreme Court of Vermont

Decided November 6, 1986No. 85-511PublishedCited by 3 opinions

1Opinion of the Court

Actions concerning the settlement of trust accounts are equitable in nature, and, when appealed from probate court, are to be heard by the superior court sitting as a court of equity. In re Weatherhead, 53 Vt. 653, 658 (1881).

Once invoked, equity retains jurisdiction over the entire action to see that complete relief is administered. Soucy v. Soucy Motors, Inc., 143 Vt. 615, 617, 471 A.2d 224, 225 (1983) (citing LaMantia v. King, 129 Vt. 628, 634-35, 285 A.2d 741, 745 (1971)). Entitlement to a jury trial is not determined by the presence of a legal issue in a case, but rather is dependent…

2Cases cited4 opinions

  1. Soucy v. Soucy Motors, Inc.Supreme Court of Vermont · 1983
  2. Merchants Bank v. ThibodeauSupreme Court of Vermont · 1983
  3. In re the Estate of WeatherheadSupreme Court of Vermont · 1881
  4. LaMantia v. KingSupreme Court of Vermont · 1971

3Cited by3 opinions

  1. In Re Estate of GortonSupreme Court of Vermont · 1997
  2. State v. Irving Oil Corp.Supreme Court of Vermont · 2008
  3. Morris v. GoldsmithVermont Superior Court · 2004

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