Legal Opinion
In re Appeal of the Estate of Perry
Supreme Court of Vermont
Decided January 31, 2012No. 11-079PublishedCited by 3 opinions
1Opinion of the Court
¶ 1. Probate law generally treats a will and all valid codicils thereto as a single testamentary instrument. This case presents a purported agreement to bifurcate the allowance of a will from the future allowance of a codicil, and a probate court order that does not reflect such an agreement. The superior court found that the purported agreement controls, notwithstanding the pro*590bate court order to the contrary. We reverse.
¶ 2. Farwell W. Perry died on May 18, 2009, leaving behind a wife and four adult children (three sons and a daughter). On June 12, 2009, his widow petitioned the Rutland…
2Cases cited5 opinions
- Ransom v. BebernitzSupreme Court of Vermont · 2001
- In Re Estate of SewardSupreme Court of Vermont · 1981
- In Re Peck's EstateSupreme Court of Vermont · 1929
- Barnes v. Hanks' Admr.Supreme Court of Vermont · 1883
- Pope v. BIRCHWOOD MANOR CORPORATIONSupreme Court of Vermont · 1976
3Cited by3 opinions
- In re K.F.Supreme Court of Vermont · 2013
- In re Appeal of the Estate of Elaine A. Holbrook Late of Salisbury, Vermont (David Holbrook, Cheryl Holbrook and Charles Holbrook III, Appellants)Supreme Court of Vermont · 2016
- In re K.F.Supreme Court of Vermont · 2013