Fogelson v. Fogelson

The defendants, Eileen Birnholz and Fay Tanner, seek to dismiss an appeal from a decree of the Probate Court, district of Berlin, admitting to probate a will of the decedent, David Fogelson. The motion is grounded on the alleged failure of the plaintiff-appellant to furnish with his motion for appeal a valid bond or recognizance.

Appeals from the probate courts of this state to the Superior Court are governed by § 45-288 of the General Statutes. Lenge v. Goldfarb, 169 Conn. 218, 220, 363 A.2d 110 (1975). In connection with the taking of such an appeal the statute provides in part that “[the…