2005 Vermont Code - § 4251. — Actions for accounting-Jury

§ 4251. Actions for accounting-Jury

The superior courts shall have original jurisdiction, exclusive of the district court, in actions for an accounting. When the defendant in such an action brought in one of the following ways pleads in defense an answer which, if true, makes him not liable to account, the issue thus raised may be tried to a jury:

(1) By one joint tenant, tenant in common or coparcener, his administrator or executor against the other, his administrator or executor, as bailiff for receiving more than his just proportion of any estate or interest;

(2) By an administrator or executor against his coadministrator or coexecutor, who neglects to pay the debts and funeral charges of the intestate or testator, in proportion to the estate in his hands, and he may recover such proportion of such estate as is just;

(3) By an executor, being a residuary legatee, against the coexecutor to recover his equal and ratable part of the estate in the hands of such coexecutor;

(4) By a residuary legatee against the executor;

(5) On book account. (Amended 1971, No. 185 (Adj. Sess.), § 117, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)