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 Opinion

by Agati, Taryn


AC46257 - Buzzard v. Fass ("The dispositive issue in this appeal is whether the defendants, Laura Fass and Pamela Baker Weiss, the adopted great grandnieces of Joseph Merrow, the testator, are included within the terms "issue" and "descendants" used in a testamentary trust executed by the testator in 1946.The plaintiff, Joan Buzzard, claims that the only persons permitted to receive distributions under the subject trust are the originally named beneficiaries and their lineal blood descendants, not the adopted defendants. The plaintiff claims that the Superior Court improperly granted the defendants' motions for summary judgment and denied her motion for summary judgment because it erroneously concluded that General Statutes § 45a-731 (4), which provides that the terms "issue" and "descendants" when used in a will or trust shall include legally adopted persons, applied to the trust at issue in this case. She claims that the definitions set forth in § 45a-731 (4) do not apply to the subject trust because the exceptions to their application that are set forth in § 45a-731 (11) (A) and (B) apply in this case. For the reasons that follow, we disagree with the plaintiff and affirm the judgment of the Superior Court.")