Opinion
04-05-2022
John SALCE v. Joan CARDELLO
Kenneth A. Votre, New Haven, in support of the petition. Matthew D. McCormack, in opposition.
Kenneth A. Votre, New Haven, in support of the petition.
Matthew D. McCormack, in opposition.
The plaintiff's petition for certification to appeal from the Appellate Court, 210 Conn. App. 66, 269 A.3d 889 (2022), is granted, limited to the follow issues:
"1. Did the Appellate Court correctly conclude that the defendant had violated the in terrorem clauses in the decedent's will and trust agreement when the defendant challenged the trustee's refusal (1) to remove her bank account from the estate's Connecticut estate and gift tax return, and (2) to deduct the outstanding mortgages from the value of the estate?
"2. If the answer to the first question is ‘yes,’ did the Appellate Court correctly conclude that enforcement of the in terrorem clauses in the decedent's will and trust agreement would violate public policy and that the clauses, therefore, were unenforceable as to the defendant's conduct?
"3. If the answer to the second question is ‘no,’ does the good faith exception to the enforcement of in terrorem clauses apply in this case?"
MULLINS, J., did not participate in the consideration of or decision on this petition.