Vermont Statutes Title 12 Sec. 2556
Terms Used In Vermont Statutes Title 12 Sec. 2556
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Executor: A male person named in a will to carry out the decedent
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Fraud: Intentional deception resulting in injury to another.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 2556. Appeal from commissioners
(a) In the two following cases, an executor, administrator, or creditor may appeal to the Superior Court from the decision and report of the commissioners, if notice of appeal is filed with the clerk of the Superior Court appealed to within 30 days after the return of the commissioners’ report:
(1) when the commissioners disallow a claim in whole or in part to the amount of $20.00 or more in favor of a creditor or of the estate;
(2) when the commissioners allow a claim in whole or in part, and the sum allowed and objected to amounts to $20.00 or more.
(b) In case an appeal is taken as provided in subsection (a) of this section, if a claim in favor of the estate against such claimant or a claim in favor of the claimant against such estate, has not been presented to the commissioner by reason of fraud, accident, or mistake, on trial of such appeal, and upon filing proper statement of such claim in Superior Court, recovery may be had for such claim not presented to the commissioners by reason of such fraud, accident, or mistake. (Amended 1959, No. 261, § 60; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 76.)