NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at:
[email protected] or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press. 2018 VT 134 No. 2018-011 In re Appeal of the Trustees of the Supreme Court Marjorie T. Palmer Trust (Lorelei Kjelleren and Loren T. Palmer, Appellants) On Appeal from Superior Court, Chittenden Unit, Civil Division June Term, 2018 Robert A. Mello, J. Gary W. Lange of Lange Law Offices, Vergennes, for Appellants. Michael D. Johnson of Johnson & Finnigan, LLP, and Sheldon M. Katz, South Burlington, for Appellee. PRESENT: Reiber, C.J., Skoglund, Robinson, Eaton and Carroll, JJ. ¶ 1. SKOGLUND, J. This appeal stems from a probate order approving a special master’s proposed division of real property owned by a trust. The trustees of the Marjorie T. Palmer Trust appealed the probate order to the civil division, which granted summary judgment in favor of appellee David C. Palmer, a beneficiary of the trust. On appeal to this Court, the trustees claim the civil division erred in denying their motion for appellee to undergo genetic testing, improperly limited the scope of their appeal from the probate division to three of the seven issues presented in their statement of questions, and erred in granting appellee’s nonconforming motion for summary judgment on those three issues.