Mangines v. Ermisch
Mangines v. Ermisch
Opinion of the Court
Opinion
This appeal arises out of a dispute concerning the meaning and intent of the last will and testament of Catherine L. McCarthy of Southbury. At issue is the proper interpretation of article sixth of her will, which bequeaths McCarthy’s residual estate “to the Bishop of Reykiavik, (Iceland), who is presently the
The plaintiffs, the coexecutors of Jolson’s estate, contend that the residual bequest vested in Jolson personally at the time of McCarthy’s death and, because he survived McCarthy, the property passing under the residual clause of her will should be distributed to his estate. The defendants, the coexecutors of McCarthy’s estate, argue that the residual bequest was to the bishop of Reykjavik, as trustee of a charitable trust, and that McCarthy’s residual estate vested not in Jolson personally, but in the bishop of Reykjavik, in trust, to be distributed to whomever the bishop of Reykjavik might be at the time McCarthy’s estate is distributed.
The plaintiffs, by petition to the Probate Court of Southbuiy,
Our examination of the record and our review of the briefs and arguments of the parties on appeal persuades us that the judgment of the trial court should be affirmed. The central issue of the appropriate interpretation of the will was resolved properly in the trial court’s thoughtful and comprehensive memorandum of decision. Mangines v. Ermisch, 45 Conn. Sup. 197, 705 A.2d 1025 (1997). Because that memorandum of decision fully addresses the arguments raised in the present appeal, we adopt it as a proper statement of the facts and the applicable law on those issues. It would serve no useful purpose for us to repeat the discussion contained therein. See Molnar v. Administrator, Unemployment Compensation Act, 239 Conn. 233, 235, 685 A.2d 1107 (1996); Val-Pak of Central Connecticut North, Inc. v.
The judgment is affirmed.
The will contains two provisions entitled article sixth. Only the first article sixth is relevant here.
McCarthy’s estate was being probated in Southbury, her town of residence. Jolson’s estate was being probated in Fairfield, his town of residence.
General Statutes § 45a-186 provides in relevant part: “(a) Any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specially provided by law, may appeal therefrom to the Superior Court in accordance with subsection (b) of this section. . . .
“(b) Any such appeal shall be filed in the superior court for the judicial district in which such court of probate is located . . . .”
Reference
- Full Case Name
- THOMAS E. MANGINES, (ESTATE OF ALFRED J. JOLSON) v. LILLIAN MCCARTHY ERMISCH, (ESTATE OF CATHERINE L. MCCARTHY)
- Status
- Published