Legal Opinion
In re Andrews' Appeal from Probate
Connecticut Appellate Court
Decided July 29, 2003No. AC 23446PublishedCited by 4 opinions
1Opinion of the Court
Opinion
PETERS, J.
General Statutes § 45a-242 (a) permits a Probate Court to remove a fiduciary of an intervivos or testamentary trust if the fiduciary “becomes incapable of executing such fiduciary’s trust . . . .” The issue presented by this case is whether a protracted conflict of interest between a trustee and the beneficiaries of the trusts justifies removal of the trustee under this statute. A Probate Court so held, and the trial court came to the same conclusion. The trustee has appealed from the judgments of the trial court rendered in favor of the trust beneficiaries. We affirm the…
2Cases cited13 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Konover Development Corp. v. ZellerSupreme Court of Connecticut · 1994
- Demar v. Open Space & Conservation CommissionSupreme Court of Connecticut · 1989
- Satti v. RagoSupreme Court of Connecticut · 1982
- Andrews v. GorbySupreme Court of Connecticut · 1996
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3Cited by4 opinions
- In re Andrews' Appeal from ProbateConnecticut Appellate Court · 2003
- May v. RetaridesConnecticut Appellate Court · 2004
- Saccu's Appeal from ProbateConnecticut Appellate Court · 2006
- Shockley v. OkekeConnecticut Superior Court · 2004