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Vermont Statutes Title 14 Sec. 106

Terms Used In Vermont Statutes Title 14 Sec. 106

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Statute: A law passed by a legislature.

§ 106. Common law of trusts; principles of equity

The common law of trusts and principles of equity supplement this title, except to the extent modified by this title or another statute of this state. (Added 2009, No. 20, § 1.)

Vermont Statutes Title 14 Sec. 106

Terms Used In Vermont Statutes Title 14 Sec. 106

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Interested person: includes heirs, devisees, legatees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, or person under guardianship that may be affected by the proceeding. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Testator: A male person who leaves a will at death.

§ 106. Duty of custodian of will; liability

(a) After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court. A person who intentionally refuses or fails to deliver a will after being ordered to do so by the court in a proceeding brought for the purpose of compelling delivery may be subject to proceedings for civil contempt under 12 V.S.A. § 122.

(b) A person who suffers damages as a result of another person’s intentional failure to deliver a will shall have an action in Superior Court for damages and injunctive relief. (Amended 1971, No. 199 (Adj. Sess.), § 17; 1985, No. 144 (Adj. Sess.), § 16; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)