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Probate Law Supreme Court Opinion

by Roy, Christopher

 

SC20584 - Derblom v. Archdiocese of Hartford ("The sole issue in this certified appeal is whether the plaintiffs, who are the putative beneficiaries of a testamentary bequest, have standing under the special interest exception to the common law rule, codified at General Statutes § 3-125, that the attorney general has exclusive authority to enforce the terms of a charitable gift, to enforce the terms of a bequest from Fred H. Rettich to Our Lady of Mercy School (OLM) in Madison. The plaintiffs appeal, upon our granting of their petition for certification, from the judgment of the Appellate Court, which affirmed the trial court’s granting of the motion to dismiss filed by the defendant, the Archdiocese of Hartford. Derblom v. Archdiocese of Hartford, 203 Conn. App. 197, 217, 247 A.3d 600 (2021). On appeal, the plaintiffs claim that the Appellate Court incorrectly determined that they lacked standing to bring this action. We conclude that the plaintiffs do not come within the 'special interest' exception to the attorney general’s exclusive standing to bring an action to enforce the terms of a charitable gift. Accordingly, we affirm the judgment of the Appellate Court.")