Ruotolo v. Tietjen

890 A.2d 166 (2006)

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Nature of the Case

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Facts

Swanson executed a will. The residuary clause bequeathed, ‘‘one-half . . . of [the residue] property to Hazel Brennan if she survives me . . . .’’ Brennan died on January 2, 2001, seventeen days prior to the testator’s death. Brennan was the testator’s stepdaughter, a relation encompassed by the testamentary antilapse statute § 45a-441. The appellant, Smaldone, is the child of the deceased legatee, Brennan, and is a residuary legatee in the will, and, thus, was an object of affection of the testator. The Probate Court concluded that, as § 45a-441 ‘‘is not operative,’’ the bequest to Brennan lapsed and passed to the intestate estate. Ruotolo (Ps), beneficiaries under the will, filed a motion for an appeal to the Superior Court. The appellant thereafter filed a cross-appeal. The court issued a memorandum of decision affirming the judgment of the Probate Court, and this

appeal followed.