Randolph Fndn. v. Appeal Fr. Prob., No. X05 Cv 98-0167903 S (Apr. 3, 2001)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION ON MOTION TO DISMISS (#149)

The defendant, Smith Richardson Foundation, Inc., has filed this motion dated August 3, 2000 seeking to dismiss the plaintiff's appeal from a decision of the Court of Probate, District of Westport. The defendant claims lack of subject matter jurisdiction because the plaintiff, The Randolph Foundation, is an unincorporated testamentary trust and is therefore an entity without the legal capacity to litigate in Connecticut courts. This is an issue of first impression, not…