Vermont Statutes Annotated
Vt. Stat. Ann. tit. 12, § 2357 (2026)
Appeals in probate proceedings—Fraud, accident, or mistake
✓ current as of May 2026
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(Cite as: 12 V.S.A. § 2357)
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§ 2357. Appeals in probate proceedings—Fraud, accident, or mistake
When the petitioner has been prevented from taking or entering an appeal in a probate proceeding by fraud, accident, or mistake, on petition and proof thereof, the Supreme or Superior Court in its discretion may grant leave to file a notice of appeal from an order, sentence, decree, or denial of the Probate Division of the Superior Court or from a determination of commissioners on the estate of a deceased person in those cases which are by law appealable. (Amended 1959, No. 261, § 55; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 73, eff. Feb. 1, 2011.)
Notes of Decisions
Cited in 3
cases, 1966–1989 · leading case: In Re Est. of Davis, 218 A.2d 390 (Vt. 1966).
In Re Est. of Davis, 218 A.2d 390 (Vt. 1966). “12 V.S.A. § 2357; 32 V.S.A. § 6892. Our statutes, like the federal rules from which they were derived, are not to be construed to extend or limit either original or appellate jurisdiction.”
In re Est. of Gardner, 568 A.2d 401 (Vt. 1989). “26(b), however, state that the superior court retains the power to enlarge the time for probate appeals pursuant to 12 V.S.A. § 2357. Grounds for such a petition are fraud, accident or mistake.”
In re Cobb's Est., 248 A.2d 696 (Vt. 1968). “The action began with a petition by certain interested parties to review on the grounds of fraud, accident and mistake under 12 V.S.A. §2357, the allowance of the will in this estate.”
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