Legal Opinion

In Re Marden Mosman Cove Irrevocable Trust

Supreme Court of Vermont

Decided January 6, 2006No. 04-475Published

1Opinion of the Court

¶ 1. This appeal concerns the disposition of a family trust entitled the Anne Roberts Marden Mosman Cove Irrevocable Trust (“Trust”). Appellant Anne Roberts Marden is settlor of the Trust and mother of the appellees, Elliot Davis and George Davis, Jr., who are trustees. The Trust’s only asset is a parcel of real estate located in Ferrisburgh, Vermont; specifically, at Mosman Cove on Lake Champlain. In October 2003, after funds to pay property taxes and expenses ran low, appellees brought an action to modify the provision in the trust that disallowed sale of the property prior to 2024.…

2Cases cited4 opinions

  1. Simendinger v. City of BarreSupreme Court of Vermont · 2001
  2. Procter v. WoodhouseSupreme Court of Vermont · 1968
  3. Industrial National Bank of Providence v. ColtSupreme Court of Rhode Island · 1967
  4. Goodrich v. United States Fidelity & Guaranty Co.Supreme Court of Vermont · 1989

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