abatement rule (Vermont) · Go Syfert
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abatement rule in Vermont

5 Vermont opinions name it 2 courts 1981–2018 0 in the last five years

The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
In Re Baileygreen
vt · 2009 · cited in 1 Vermont opinions naming this issue, 2013–2013
1 sentence

2013See, In re Miller, 2009 VT 122, ¶ 13 , 186 Vt. 505 (recognizing that the requirements of due process vary depending on the nature of the proceeding).

11
In Re Millergreen
vt · 2009 · cited in 1 Vermont opinions naming this issue, 2013–2013
1 sentence

2013See, In re Miller, 2009 VT 122, ¶ 13 , 186 Vt. 505 (recognizing that the requirements of due process vary depending on the nature of the proceeding).

11
Aiken v. Malloygreen
vt · 1974 · cited in 1 Vermont opinions naming this issue, 2011–2011
1 sentence

2011An abatement hearing is quasi-judicial in character because the board is charged with determining the amount of taxes that are due from one particular taxpayer in one particular year. 24 V.S.A. § 1535; Aiken v. Malloy, 132 Vt. 200, 215 (1974).

11
Estate of Ladd v. Estate of Laddgreen
vt · 1994 · cited in 1 Vermont opinions naming this issue, 2006–2006
2 sentences

2006Ladd, 161 Vt. at 274-77 , 640 A.2d at 32-33 (applying contract principles to avoid unjust result that strict abatement would have required).

2006Ladd, 161 Vt. at 274-77 , 640 A.2d at 32-33 (applying contract principles to avoid unjust result that strict abatement would have required).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Ullmann v. First National Bank of Mobile green
ala · 1961
2 sentences

2018The Supreme Court of Alabama stated in 1961-more than twenty years before Alabama's legislature adopted an abatement rule that follows the same order as UPC § 3-902 -that "it is the general rule that where the assets are insufficient to pay all the debts of the estate and the legacies, the loss falls first, on the residuary, second, on the general legacies, and third, in the specific devises or legacies." Ullmann v. First Nat'l Bank of Mobile , 273 Ala. 154 , 137 So.2d 765 , 768 (1961) ; see Ala. Code § 43-8-76 (adopting abatement rule in 1982 that follows same order as UPC § 3-902 ).

2018The Supreme Court of Alabama stated in 1961-more than twenty years before Alabama's legislature adopted an abatement rule that follows the same order as UPC § 3-902 -that "it is the general rule that where the assets are insufficient to pay all the debts of the estate and the legacies, the loss falls first, on the residuary, second, on the general legacies, and third, in the specific devises or legacies." Ullmann v. First Nat'l Bank of Mobile , 273 Ala. 154 , 137 So.2d 765 , 768 (1961) ; see Ala. Code § 43-8-76 (adopting abatement rule in 1982 that follows same order as UPC § 3-902 ).

12018–2018
Emery v. Batchelder green
· 1886
2 sentences

2018See id . (following default rule that "residuary clauses abate first" and "[n]o payment can be made to residuary legatees until all other legacies have been paid in full") (quotations omitted); Emery v. Bachelder , 78 Me. 233 , 3 A. 733 , 734-35 (1886) (abating general devises before specific devises); Union Tr.

2018See id . (following default rule that "residuary clauses abate first" and "[n]o payment can be made to residuary legatees until all other legacies have been paid in full") (quotations omitted); Emery v. Bachelder , 78 Me. 233 , 3 A. 733 , 734-35 (1886) (abating general devises before specific devises); Union Tr.

12018–2018
Lalime v. Desbiens green
vt · 1947
1 sentence

1981Id.

11981–1981

Where else courts name it

TX 60 (1967–2026) MO 23 (1990–2025) CA 11 (1989–2023) ME 7 (2014–2021) WA 7 (2006–2017) NY 6 (1954–2025) OH 5 (1977–2017) VT 5 (1981–2018) AZ 5 (1998–2024) IL 4 (1957–2023) FL 4 (1999–2018) NC 3 (2001–2014) ID 3 (2012–2026) AL 3 (1997–1998) RI 3 (1983–2009) MN 3 (2012–2017) NM 2 (1976–1997) TN 2 (2018–2021) ND 2 (2001–2014) MA 2 (2019–2024) WV 2 (1980–1999) LA 2 (1961–1977)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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