In Re Trust Estate of Archambault

Supreme Court of Vermont

In Re Trust Estate of Archambault

520 A.2d 154, 147 Vt. 649, 1986 Vt. LEXIS 434

CourtSupreme Court of Vermont

DecidedNovember 6, 1986

Docket85-511

StatusPublished

Cited by3 cases

This text of 520 A.2d 154 (In Re Trust Estate of Archambault) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re Trust Estate of Archambault, 520 A.2d 154, 147 Vt. 649, 1986 Vt. LEXIS 434 (Vt. 1986).

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Opinion

Actions concerning the settlement of trust accounts are equitable in nature, and, when appealed from probate court, are to be heard by the superior court sitting as a court of equity. In re Weatherhead, 53 Vt. 653, 658 (1881).

Once invoked, equity retains jurisdiction over the entire action to see that complete relief is administered. Soucy v. Soucy Motors, Inc., 143 Vt. 615, 617, 471 A.2d 224, 225 (1983) (citing LaMantia v. King, 129 Vt. 628, 634-35, 285 A.2d 741, 745 (1971)). Entitlement to a jury trial is not determined by the presence of a legal issue in a case, but rather is dependent upon the relief requested; if the relief requested is equitable, no right to a jury trial exists. Merchants Bank v. Thibodeau, 143 Vt. 132, 134, 465 A.2d 258, 260 (1983).

Here, the ultimate relief requested is the approval (or disapproval) of the trustee’s accounting, a matter that is equitable in nature. There is no right to a jury trial on legal issues raised in connection therewith.

Affirmed. Remanded for further proceedings.

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Actions concerning the settlement of trust accounts are equitable in nature, and, when appealed from probate court, are to be heard by the superior court sitting as a court of equity. In re Weatherhead, 53 Vt. 653, 658 (1881).

Once invoked, equity retains jurisdiction over the entire action to see that complete relief is administered. Soucy v. Soucy Motors, Inc., 143 Vt. 615, 617, 471 A.2d 224, 225 (1983) (citing LaMantia v. King, 129 Vt. 628, 634-35, 285 A.2d 741, 745 (1971)). Entitlement to a jury trial is not determined by the presence of a legal issue in a case, but rather is dependent upon the relief requested; if the relief requested is equitable, no right to a jury trial exists. Merchants Bank v. Thibodeau, 143 Vt. 132, 134, 465 A.2d 258, 260 (1983).

Here, the ultimate relief requested is the approval (or disapproval) of the trustee’s accounting, a matter that is equitable in nature. There is no right to a jury trial on legal issues raised in connection therewith.

Affirmed. Remanded for further proceedings.

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Bluebook (online)

520 A.2d 154, 147 Vt. 649, 1986 Vt. LEXIS 434, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-trust-estate-of-archambault-vt-1986.

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