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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 1602 (2026)

✓ current as of May 2026
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Subchapter 001 : QUALIFICATIONS, PRIVILEGES, AND CREDIBILITY

(Cite as: 12 V.S.A. § 1602)
Notes of Decisions
Cited in 15 cases, 1961–2018 · leading case: D'Arc Turcotte v. Est. of LaRose, 569 A.2d 1086 (Vt. 1989).
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D'Arc Turcotte v. Est. of LaRose, 569 A.2d 1086 (Vt. 1989). · cites it 2× “Estate of LaRose argues on appeal that the action was barred by the statute of limitations and that evidence of the agreement between Nichols and LaRose to torch the barn should have been excluded under 12 V.S.A. §§ 1602 and 1603, known as the “Dead Man’s Statute.”
In Re Est. of Farr, 552 A.2d 387 (Vt. 1988). · cites it 5× “On appeal to this Court, the estate claims error in the admission of the testimony of Robert Fuller in the face of the dead man’s statutes, 12 V.S.A. §§ 1602, 1603. We find that the estate waived the protection of the dead man’s statute before the probate court and affirm.”
Foucher v. First Vermont Bank & Trust Co., 821 F. Supp. 916 (D. Vt. 1993). · cites it 2× “Rule 56(e) and Vermont’s Dead Man’s Statutes The gist of the Estate’s argument is that summary judgment motions must be supported by evidence that is admissible at trial and that the Bank has failed to meet this requirement. Specifically, the Estate challenges the Fisher…”
In re Est. of Boisvert, 370 A.2d 209 (Vt. 1977). · cites it 3× “Counsel for appellant has assigned and briefed the following points for consideration by this Court: (1) Was it error for the trial court to allow into evidence a certified copy of the inventory of decedent’s estate? (2) Did the appellant waive the right to object, pursuant to…”
Bemis v. Lamb, 383 A.2d 614 (Vt. 1978). · cites it 2× “” 12 V.S.A. § 1602. The Dead Man’s Statute provides that a “party shall not be allowed to testify in his own favor where the other party to the contract or cause of action in issue and on trial is dead or shown to the court to be insane, [various exceptions not relevant here…”
In re Est. of Maggio, 2012 VT 99 (Vt. 2012). · cites it 2× “” 12 V.S.A. § 1602. ¶ 18. In response to the common law rule prohibiting testimony from interested parties, dead man’s statutes were created to broaden the scope of admissible evidence.”
Abbiati v. Buttura & Sons, Inc., 639 A.2d 988 (Vt. 1994). “1 At trial, plaintiff objected to two parts of Calevro testimony concerning conversations Calevro had with Stuart Abbiati as part of Calevro’s explanation of the changeover from the Phoenix Mutual policy to the American Bankers policy: (1) Calevro’s reporting of Abbiati’s…”
Jeffrey D. Hayes & Deborah Hayes McGraw v. Mountain View Estates Homeowners Ass'n, 188 A.3d 678 (Vt. 2018). “The estates objected to the admission of this testimony on the ground that it was barred by Vermont's dead man's statutes, 12 V.S.A. §§ 1602 - 1603. ¶ 6. Midway through the 2012 trial, the court ruled that testimony by any person regarding promises or commitments made by Richard…”
Frogate v. Kissell, 412 A.2d 1138 (Vt. 1980). “12 V.S.A. § 1602. Second, she claims that the trial court’s finding of fact that the American Telephone and Telegraph Company stock was given to Mildred I.”
Gallagher v. McCarthy, 532 A.2d 557 (Vt. 1987). · cites it 2× “2 The court relied upon Vermont’s Dead Man’s statute, 12 V.S.A.§ 1602, which provides that “[a] party shall not be allowed to testify in his own favor where the other party to the contract.”
Smith v. Lentini, 220 A.2d 291 (Vt. 1966). “Each of these sections embodies an exception where the testimony of the party is “to meet or explain the testimony of living witnesses produced against him.” The defendant introduced evidence through a living witness concerning the note.”
In Re Est. of Hogg, 510 A.2d 1323 (Vt. 1986). “See 12 V.S.A. § 1602. We disagree. Mr. Hogg failed to file a timely cross-appeal of the lower court’s order dealing with the validity of the antenuptial agreement.”
Show all 15 citing cases →
— Vt. Stat. Ann. tit. 12, § 1602(1) — 2 cases
In Re Est. of Farr, 552 A.2d 387 (Vt. 1988). “On appeal to this Court, the estate claims error in the admission of the testimony of Robert Fuller in the face of the dead man’s statutes, 12 V.S.A. §§ 1602, 1603. We find that the estate waived the protection of the dead man’s statute before the probate court and affirm.”
Gallagher v. McCarthy, 532 A.2d 557 (Vt. 1987). “2 The court relied upon Vermont’s Dead Man’s statute, 12 V.S.A.§ 1602, which provides that “[a] party shall not be allowed to testify in his own favor where the other party to the contract.”
— Vt. Stat. Ann. tit. 12, § 1602(5) — 1 case
Foucher v. First Vermont Bank & Trust Co., 821 F. Supp. 916 (D. Vt. 1993). “Rule 56(e) and Vermont’s Dead Man’s Statutes The gist of the Estate’s argument is that summary judgment motions must be supported by evidence that is admissible at trial and that the Bank has failed to meet this requirement. Specifically, the Estate challenges the Fisher…”
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