Phillips v. Moeller

This is an appeal from a judgment of the Superior Court, as an appellate court of probate, granting the plaintiff’s motion to set aside, for lack of jurisdiction, a decree of the Probate Court for the district of New Haven accepting an annual account, for the calendar year 1957, filed by the trustees of a trust under the will of Constand A. Moeller. The corpus of the trust had been established prior to 1940 upon the settlement of the estate. There is no finding, and consequently certain facts assumed by the parties do not appear in the appeal record. We have decided, however, to take the case…