Huber v. St. Labre Indian School Educational Assn.

Dupont, C.P.J.

This case presents the question of whether the. trial court erred in dismissing the named plaintiff’s1 probate appeal from a decree denying the executor’s application to sell certain real property.

*437The executor of the estate of Cleo M. Millerbaugh moved pursuant to General Statutes §§ 45-2382 and 45-2413 for an approval of a private sale of certain property to the plaintiff. The terms of the sale were alleged to be in accordance with the testatrix’ intent as expressed in her will. The relevant testamentary language was as follows: “FIFTH: If I own the house on Ferry Road in Old…