When, in a case not otherwise provided for in this chapter, it is necessary in a proceeding
to sever or set out a homestead from other real estate, the court in which such proceedings
are pending may appoint three commissioners to appraise and set out such homestead
who, after being sworn, shall appraise and set out such homestead as provided for
setting out homesteads in case of the levy of execution, and make report of their
doings to such court. Such report shall be confirmed by the court unless cause is
shown to the contrary, and a record thereof shall be made in the office where a deed
of such homestead is required to be recorded, which shall operate as a severance of
the homestead from the other real estate.
Astra USA, Inc. v. Bildman, 375 F. App'x 129 (2d Cir. 2010). “Even if the argument were not waived, such difficulties would not foreclose Astra from satisfying its claim, as Astra could proceed in accordance with Vermont law providing procedures for cases in which it is necessary “to sever or set out a homestead from other real estate,”…”
Abbadessa v. Tegu, 173 A.2d 153 (Vt. 1961). “If necessary, he could reach the excess over the limitation of $2,500 in value, allowed for a homestead, by proceeding in accordance with the provisions set forth in 27 V.S.A. §181 et seq. It follows that the trial court was in error when it ruled that the plaintiff could not go…”
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