Legal Opinion · Dissent

Brousseau v. Brousseau

Supreme Court of Vermont

Decided May 29, 2007No. 06-142Published

1Dissent

Dooley, J.,

¶ 14. dissenting. Although the majority’s response to mother’s claim to the value of the property in order to pay for assisted living is understandable, the undesirable precedent it establishes is far too high a price to pay for the result. Contrary to the majority’s assertion, its reasoning and result are not controlled by an earlier decision of this Court. Accordingly, I dissent.

¶ 15. Mother asks us to hold that otherwise valid record title to real estate is subject to a grantor’s unexpressed intent to avoid the consequences of transferring property later by purporting to…

2Cases cited27 opinions

  1. Robertson v. Mylan Laboratories, Inc.Supreme Court of Vermont · 2004
  2. Boulton v. CLD Consulting Engineers, Inc.Supreme Court of Vermont · 2003
  3. Ross v. Times Mirror, Inc.Supreme Court of Vermont · 1995
  4. Hayne Federal Credit Union v. BaileySupreme Court of South Carolina · 1997
  5. Judgment Services Corp. v. SullivanAppellate Court of Illinois · 2001

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