Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 2556 (2026)

Appeal from commissioners

✓ current as of May 2026

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(Cite as: 12 V.S.A. § 2556)

§ 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.)

Notes of Decisions

Cited in 3 cases, 1966–1977 · leading case: Smith v. Lentini, 220 A.2d 291 (Vt. 1966).

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Smith v. Lentini, 220 A.2d 291 (Vt. 1966). “The appeal from the decision and report of the commissioners allowed by 12 V.S.A. §2556 is in effect an appeal from the order and decree of the probate court ordering that such report be allowed and recorded.”

In re Est. of Walsh, 341 A.2d 706 (Vt. 1975). “12 V.S.A. § 2556, appeals from commissioners; and 32 V.”

In re Est. of Young, 376 A.2d 339 (Vt. 1977). “12 V.S.A. § 2556. After hearing, the trial court issued findings of fact and conclusions of law and entered judgment for the appellee in the amount of $12,740.”

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