Ruotolo v. Tietjen

890 A.2d 166 (2006)

Free access to 20,000 Casebriefs

Issues

The legal issues presented in this case will be displayed here.

Nature Of The Case

This section contains the nature of the case and procedural background.

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.

Holding & Decision

The court's holding and decision will be displayed here.

Legal Analysis

Legal analysis from Dean's Law Dictionary will be displayed here.

© 2007-2025 ABN Study Partner

© 2025 Casebriefsco.com. All Rights Reserved.