DeMaria v. Sabetta

This case is before us on an appeal from an order by the trial justice recusing himself from further participation in a civil action involving the disposition of the corpus of a trust created by the will of Marietta DeMaria. The parties in their briefs agree that hearings had taken place on October 22, 26 and 27, 1976, at which time a settlement apparently had been reached between them. Further proceedings were continued until November 8, 1976, when the trial justice learned that one of the defendants would not agree to the proposed settlement.

Thereafter, defendants’ counsel asked for…