(Download) "Heiser v. Morgan Guaranty Trust Co." by Supreme Court of Connecticut * Book PDF Kindle ePub Free
eBook details
- Title: Heiser v. Morgan Guaranty Trust Co.
- Author : Supreme Court of Connecticut
- Release Date : January 28, 1963
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This appeal involves the portion of 45-289 of the General Statutes relating to appeals from probate which provides that ""[a]ll such appeals, by those of full age and present or who have legal notice to be present, shall be taken within thirty days . . . ."" The plaintiff admittedly is an interested party in a trust established under the will of Jonathan Peterson, deceased, is over the age of twenty-one, was given notice to be present, was represented by counsel and participated in a hearing on the allowance of the trustee's account covering the period from April 7, 1961, to October 13, 1961. Following the hearing, the account, which included provision for a trustee's fee, was allowed by the Court of Probate on May 8, 1962. The plaintiff appealed to the Superior Court from the order allowing the account but did not file her appeal in the Probate Court within thirty days after May 8, 1962. The appeal was nevertheless allowed by the Probate Court on June 26, 1962, even though its order recites that the appeal was not filed with it within thirty days. The trustee, appearing specially, filed a plea in abatement in the Superior Court. The plaintiff admitted the essential facts but pleaded, as a special defense, that all parties in interest ""received actual notice of the motion of appeal herein less than thirty days after May 8, 1962."" The trustee demurred to the special defense on the ground that its allegations did not constitute a valid defense to the plea in abatement. The Superior Court sustained the demurrer, the plaintiff did not plead over, judgment was rendered abating the appeal, and the plaintiff has appealed from that judgment.
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