Knight v. Hescock

In 1974 Zelma Turner Grant brought this action against the estate of Florida Turner DiBenedetto, her sister, seeking a declaratory judgment as to the ownership of certain land in Grafton, Vermont. She died prior to trial and a co-executor of her estate was substituted as plaintiff. The co-executor appeals from an order of the Windham Superior Court declaring the defendant estate owner of the disputed property. Two claims of error have been briefed and argued by the plaintiff. I believe that both are valid and therefore dissent.

I

Certain factual matters absent from the per curiam opinion should…