The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Probate Law Appellate Court Opinions

by Roy, Christopher


AC44604 - Kabel v. Rosen ("The plaintiff, Reuben Kabel, appeals from the judgment of the trial court, rendered following a bench trial, in favor of the defendant Beth Rosen, in her capacity as executrix of the estate of the decedent, Marcia Chambers, who was the plaintiff's aunt. On appeal, the plaintiff claims that the court erred in failing to consider his request for an equitable remedy (i.e., 'to alter the disposition of property under the distribution plan set forth under the decedent's will') that effectively would have resulted in the reformation of the decedent's unambiguous will, which he claims was necessary in light of a mistake that he alleges she made concerning whether a particular individual retirement account would be included in her residuary estate. We conclude that the court did not err in refusing to consider the plaintiff's request for an equitable remedy in the form of reformation of an unambiguous will, a remedy that has never been recognized in Connecticut. Accordingly, we affirm the judgment of the trial court.")

AC43486 - In re Probate Appeal of Tunick ("The plaintiff, Stephen Tunick, appeals from the judgment of the trial court dismissing his appeal from a probate decree approving the payment of attorney's fees to the defendant, Richard S. DiPreta. On appeal, the plaintiff claims that the court improperly (1) concluded that he was not aggrieved by the probate decree and (2) failed to consider certain trust documents in rendering its judgment. We do not reach the merits of these claims because we conclude that the probate decree at issue in this appeal was superseded by a subsequent probate decree, which is the subject of a separate probate appeal pending in the Superior Court, and, therefore, we dismiss this appeal as moot.")