Curran v. Building Fund of United Church

¶ 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 may be summarized as follows. Addition.1 material facts will be set forth in the discussion section. For over sixty years, the testator lived with her…