Laura Cavaratt Graces Our Sanctuary Every Summer With Beautiful Floral  Arrangements From Her Garden

Susan Kneebone, representing The United Church Women of the United Church of Ludlow, presented Jakob DeArruda with a scholarship during the worship service on Sunday, May 13th. The scholarship supports travel to the finals of National History Day competition held in Washington D.C. between June 9 and 13.

​This is Jake’s third year of competition. Last year he won first place in Vermont in his division and went to the Washington D.C. finals. This year he repeated last year’s Vermont championship and is returning to Washington D.C. for another attempt to become national champion. Jake also mentored a 7th grade student for National History Day competition this year.

A Morning at the Vermont Supreme Court

Ten church members traveled to Montpelier on May 23, 2013, to witness the oral arguments in the appeal phase before the Vermont Supreme Court in the case of Curran vs. the Building Fund of the United Church of Ludlow, et al.  Those present were David Almond, Dick Dansingburg, Jean Eggleston, Bob and Ginny Kottkamp, Betty Merrill, Andy Ohotnicky, Ralph Pace, Lee and Linda Potter.  Four of us also represented the Black River Good Neighbor Services, one the Black River Academy Museum, one the Rotary Club. Our delegation was the majority of the 18 total observers for the 14 Ludlow charity defendants in the case. Thus church members performed community service, carrying the flag for all the organizational defendants, the majority of which had no representation present.

Before the Supreme Court arrived, we witnessed the swearing in of a new attorney. This is the ceremony that allows an attorney to practice in the Vermont Judicial System. The woman sworn in, I did not get her name, “read law” rather than graduating from law school, just like Abraham Lincoln. In Vermont, one may still gain access to practice law in the courts by self-study, apprenticeship, and passing the bar exam. One Supreme Court Associate Justice, Marilyn Skogland, also gained the ability to serve in Vermont courts by “reading law.” According to Peter Langrock, our lead attorney, as far as he can ascertain, she is the only Vermont Supreme Court justice not to have gone to law school in the history of the Court.

After the swearing in, five justices then entered the court. The bailiff stated the structure to be 30 total minutes of arguments divided in half, 15 minutes for each party. One attorney from each side would give the arguments and answer questions from the justices, the plaintiffs first, the defendants following, then repeated a second time for the remaining time of each.

The plaintiff’s attorney made a complex and technical argument that boiled down to: the case should have been settled by the judge on a point of law in the plaintiff’s favor with no jury trial necessary; the presiding trial judge made erroneous rulings; the defendants (we) provided no evidence to support our burden of proof that Phyllis Agan was not “unduly influenced” in the filing of the seventh amendment to her trust. The plaintiff’s attorney was interrupted numerous times by questions from justices. The most telling of these was a statement made by Associate Justice Skogland, who questioned: “So you are asking us to second guess the jury?” That was the pivotal moment as interpreted by our attorneys. It signaled where that justice stood; it was not countered by any other justice, and it was not favorable to the plaintiffs.  

Peter Langrock, our lead attorney, gave the oral arguments for the defendants (us). He spent but something like two minutes on the arguments made by the plaintiff’s attorney. He spent so little time rebutting the plaintiff arguments, as he later explained, because his tracking of the arguments and sense of where the court likely stood was that Justice Skogland’s   comment about “second guessing the jury” was a clear indication of where she stood and a likely indicator of the way the collective would decide on the central issue: to uphold the jury’s verdict (our side). Langrock then went on to argue two points of “equity.”  He argued that only we, the defendants, defended the decedent’s will, because the trustee of the trust, a bank, did not defend the trust. For this and other reasons, he argued that the trust should reimburse the attorney fees of the defendants. (If the court decides to agree with this argument, we would have our attorney fees paid by the trust, which operationally means that those funds would be subtracted from the plaintiffs’ behest since they receive a percentage of the “remainder” after the specifically designated amounts are paid to the charities.) Langrock further argued that the defendants were denied the use of their money for a period of three years at this point in time and longer when the final Supreme Court decision come in. Equity requires, Langrock argued, “making the charities whole” by providing them with standard rate the court has long ago set at 12% per annum.  Not to do so for the prevailing defendants would mean that any gain on the money held in escrow until the case is finally decided would go to the defendants as part of the “remainder.” Later, Langrock told me that he thought the likelihood of the court accepting these “equity” arguments was 50/50. However, he also told me that he had provided an opportunity for the court to break new ground and thus go down in legal history as having established a new precedent.

With the first round of arguments and questions completed, the bailiff said that the plaintiffs had four minutes some seconds remaining for the second round while the defendants had six minutes and some seconds. The plaintiffs used their whole time in rebuttal; Langrock used probably only half of his remaining time.

Six of the church representatives took up Mr. Langrock’s offer to join him for lunch. Ginny and I had the good fortune of sitting next to him. It was during lunch that I was privileged to get his analysis and perception of the justices’ responses to the arguments as indicated above. He also responded to the question: “When will we likely hear the court’s decision?” by saying it could be until the fall and that the longer it takes it more likely it is that they are thoroughly researching his equity arguments and more likely to rule on them in our favor.

As Yogi said, “It ain’t over until it’s over.”  So we will wait some more.

Please extend your thanks to the members of the church family who made the trek to Montpelier when you see them. They gave the better part of a day to the effort.

Bob Kottkamp

The United Church of Ludlow along with other national, state and community organizations, are leading a massive effort to highlight the importance of advance healthcare decision-making—an effort that has culminated in the formal designation of April 16 as National Healthcare Decisions Day (NHDD). As a participating organization, the United Church is providing information and tools for the public to talk about their wishes with family and friends, and execute written advance directives (healthcare power of attorney and living will) in accordance with Vermont state laws.

On August 5, 2012, the United Church of Ludlow celebrated the 40th ordination anniversary of their pastor, Rev. Dr. Donald E. Harpster, with a special worship service and a potluck picnic. Coming to the United Church in 2002, Pastor Harpster has spent a quarter of his 40 ordained years in Ludlow.

Research in the United Church of Ludlow’s archive in preparation for its May 2012 Birthday Celebration resulted in the surprise discovery of the original marriage record of Peter Thatcher Washburn, Esq. and Almira E. Ferris in 1839. Peter Washburn is important in Vermont history as an attorney, a Civil War hero, and the 33rd governor.

Hon. Daniel A. and Sarah E. Heald appeared at the United Church of Ludlow on Sunday, April 29 to give a sketch of their lives and importance in the church’s history. The visitors created excitement about the public Birthday Party of the church on Saturday, May 5th and Sunday, May 6th to which all are invited.

Daniel A. Heald was born in Chester in 1818 and grew up on a farm. He attended Chester Academy and Kimball Union Academy of Meriden, NH, and graduated from Yale in 1841. After moving to Ludlow, Heald was admitted to the bar in 1843. While in Ludlow, he practiced law, was a Representative and Senator in the Vermont Legislature, and built a large lumber mill in Healdville.

On Sunday, April 15, Dr. Daniel and Viola Cooledge visited the United Church of Ludlow to invite all present to join them at the church’s public Birthday Party May 5th and 6th.

Daniel was born in Ludlow in 1839. He matriculated in Black River Academy in 1858 but interrupted his studies to volunteer for the Civil War, where he was wounded, taken prisoner, and exchanged. He returned to B. R. A. and met Miss Alice Viola Marsh born in Plymouth in 1847. Viola said they fell in love, then Daniel began medical school at UVM, and they married in 1866. She was excited to experience New York City during his residency at Bellevue Medical. Dr. Cooledge opened a Ludlow medical practice in 1868. Later, the Cooledges opened a drug store on Main Street. Viola assisted in the store while raising five children. She became the first woman registered pharmacist in Vermont, and following her husband’s death in 1911, she managed the store herself until her death in 1934 at the age of 87. The store kept the Cooledge name for 75 years.

On January 28, 2004, the National Park Service of the U.S. Department of the Interior added the United Church of Ludlow to its august listing known as the National Register of Historic Places, an honor accorded to only a handful of Ludlow structures.  The Church building was completed in May 1892, and this year is the 120th anniversary of its construction.  By coincidence, it also is the 220th anniversary of the founding of the Church in 1792.