From Casetext: Smarter Legal Research

Randolph Foundation v. Probate Appeal

Connecticut Superior Court Stamford-Norwalk Judicial District at Stamford
Aug 13, 1999
1999 Ct. Sup. 11335 (Conn. Super. Ct. 1999)

Opinion

No. CV98 0167903

August 13, 1999


MEMORANDUM OF DECISION


This court has jurisdiction to hear this appeal. The plaintiff has pled sufficient facts (i.e., that it must restore some of the payments it made as trustee) in its motion for appeal from probate. The requirements of General Statutes § 45a-191 have been met because, as trustee, the plaintiff has an interest in the funds of the trust, and restoring the funds of the trust as per the Probate Court's order and decree will have an adverse effect on the plaintiff. In addition, it is clear from the 1998 Probate Court order and decree, striking a 1991 amendment to the will, that: (1) the plaintiff has an interest in the decree and (2) the decree has an adverse effect on the plaintiff. These jurisdictional requirements have been satisfied because Article Sixth of the will gives the plaintiff discretion to amend the will to fulfill the charitable purposes of the trust. See Ponton v. Quinn, superior Court, judicial district of Ansonia/Milford at Milford, Docket No. 032884 (April 3, 1991, Fuller, J.) (Finding that "[t]he interest must appeal from the appeal itself or on the face of the proceedings and records of the Probate Court attached to the appeal or at least incorporated by reference"). Here, Article Sixth was incorporated by reference. Accordingly, the defendant's motion to dismiss #102 is denied.

Karazin, J.


Summaries of

Randolph Foundation v. Probate Appeal

Connecticut Superior Court Stamford-Norwalk Judicial District at Stamford
Aug 13, 1999
1999 Ct. Sup. 11335 (Conn. Super. Ct. 1999)
Case details for

Randolph Foundation v. Probate Appeal

Case Details

Full title:RANDOLPH FOUNDATION vs. PROBATE APPEAL

Court:Connecticut Superior Court Stamford-Norwalk Judicial District at Stamford

Date published: Aug 13, 1999

Citations

1999 Ct. Sup. 11335 (Conn. Super. Ct. 1999)

Citing Cases

Randolph Fndn. v. Appeal Fr. Prob.

The first motion to dismiss filed by SRF alleged that the Reasons for Appeal failed to allege sufficient…