SC21066 - Rutherford v. Slagle (“The plaintiff, Jeffrey A. Rutherford, who also is a cotrustee of the trust, appeals from the judgment of the Superior Court denying his appeal from the decree of the Probate Court, which ordered that the trust estate be distributed. The plaintiff claims that (1) summary judgment is neither an available nor appropriate remedy in a probate appeal because a probate appeal is not an ‘‘action’’ within the meaning of Practice Book § 17-44, and (2) even if summary judgment is available in a probate appeal, the court erred in rendering summary judgment for the defendant because it did not engage in a de novo consideration of the issue resolved by the Probate Court. We disagree with the plaintiff’s first claim but agree with his second claim. Accordingly, we reverse the judgment of the Superior Court.”)