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Probate Law

Probate Law Appellate Court Opinions

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3878

AC41545 - Presto v. Presto ("The plaintiff Charles Presto, in his capacity as the executor of the estate of William Presto, and in his individual capacity, appeals from the judgment dismissing his declaratory judgment action against the defendants, Teodozja Presto, Andrzej Mazurek, and Stanislaus Mazurek, for lack of subject matter jurisdiction on the ground that the claims raised were not ripe for adjudication. We affirm the judgment of the trial court.")


Probate Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3866

AC42198 - Cook v. Purtill ("The plaintiff, Edward Werner Cook, appeals from the judgment of the trial court denying his motion to open the judgment dismissing his probate appeal. The plaintiff filed this appeal as the trustee of a charitable trust, The Caprilands Foundation (foundation). Because the plaintiff is not an attorney and has appeared without counsel on behalf of a trust, we conclude that the plaintiff does not have the authority to represent the trust. Accordingly, we dismiss the appeal.")



Probate Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3608

AC40579 - Jackson v. Drury ("The self-represented plaintiffs Nancy Burton (Burton), and Margaret Jackson and Miarden Jackson (Jackson plaintiffs), appeal from the judgment of dismissal rendered by the Superior Court in favor of the defendants, The Washington Trust Company (trust company) and Lauren K. Drury, vice president and senior fiduciary officer of the trust company. The plaintiffs had appealed to the Superior Court from a decision of the Probate Court for the district of New London. On appeal, the plaintiffs have asserted numerous claims as to why the court erred in dismissing their probate appeal but principally argue that the court improperly dismissed their appeal as untimely. In its brief to this court, the trust company claims that Burton is not aggrieved by the Probate Court's decision and, therefore, her appeal should be dismissed. We agree that Burton is not aggrieved by the Probate Court's decision. We also conclude that the Superior Court properly dismissed the plaintiffs' probate appeal because it was not timely filed. We, therefore, affirm the judgment of the Superior Court.")


Probate Law Appellate Court Opinion

   by Roy, Christopher

 http://vvv.jud.ct.gov/lawlib/LawLibNews/Posts/Post.aspx?Id=3483

AC41980 - In re Probate Appeal of Knott ("The narrow question presented in this appeal asks us to determine whether the Superior Court improperly dismissed the probate appeal of the substitute plaintiff, Andrew S. Knott, administrator of the estate of Lucille S. Kirsch, as untimely. Specifically, the substitute plaintiff argues that his appeal was not untimely because an application for a waiver of fees (fee waiver) had been filed pursuant to General Statutes § 45a-186c, which tolled the time limit set forth in General Statutes § 45a-186 (a). We agree with the substitute plaintiff and, therefore, reverse the judgment of the trial court.")