Avery v. Bender

204 A.2d 314 (1964)

Albert G. AVERY

v.

Emilie B. BENDER, Katharine A. Feuerlicht et al.

No. 1043.

Supreme Court of Vermont. Rutland.

June 24, 1964.

Rehearing Denied October 22, 1964.

Bernard R. Dick, Rutland, and Ronald O. Dederick, New York City, for plaintiff.

Edwin W. Lawrence, Rutland, and Robert W. Owens, Jr., New York City, for defendant.

Bishop & Jeffords, Rutland, for Administrator C.T.A.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and SYLVESTER, JJ.

BARNEY, Justice.

Two questions are before us in this appeal:

1. Did the trial court, as a matter of law, err in granting the motion of defendant…