State Codes and Statutes

Statutes > Connecticut > Title45a > Chap801b > Sec45a-190

      Sec. 45a-190. (Formerly Sec. 45-292). Appeals from actions of commissioners. (a) When any person is aggrieved by the actions of commissioners on any insolvent estate and the matter in demand exceeds fifty dollars, he may, within one month after the report of the commissioners is accepted, appeal to the superior court in the judicial district in which the probate district or any part thereof in which such estate is in settlement is situated, on giving bond as hereinbefore provided in case of a probate appeal.

      (b) The allowance or disallowance of two or more separate claims may be joined in a single appeal, if the matter in demand in each such claim exceeds fifty dollars.

      (1949 Rev., S. 7074; P.A. 78-280, S. 2, 127; P.A. 80-476, S. 96.)

      History: P.A. 78-280 replaced "county" with "judicial district"; P.A. 80-476 divided section into Subsecs. and made minor wording changes; Sec. 45-292 transferred to Sec. 45a-190 in 1991.

      Annotations to former section 45-292:

      Appeal lies from decree accepting or rejecting report of commissioners. 11 C. 423; 12 C. 141. Creditor not exhibiting claim may appeal. 13 C. 223. On appeal whole claim open to examination and determination. 15 C. 599. Insolvents may be proper parties defendant in an appeal. 18 C. 283. Voluntary grantee of an insolvent may be "aggrieved person". 20 C. 526. Every creditor of insolvent estate may appeal. Id. Legatee may appeal from disallowance of claim founded on breach of bond of deceased executor. 27 C. 352. Appellant confined to rules applicable to case set up in his reasons of appeal. 32 C. 542. No reasons of appeal required. 54 C. 525; 62 C. 376; 105 C. 609. For statement of claim conforming to a complaint, see Rules of Court. Appeal valid though bond given after time provided for taking appeal. 33 C. 126. Decision of commissioners can only be reviewed on appeal directly from their doings. Id., 215; 36 C. 212; 49 C. 425; 105 C. 609. Party having a beneficial interest in the claim rejected may be "aggrieved". 43 C. 110. A suggestion to court on appeal that probate court appointing commissioners had no jurisdiction should be favorably received. Id. Appeal from "doings" in regard to one of two separate claims does not involve the other. 46 C. 41. "Acceptance" means formal acceptance. 49 C. 81. Valuation of securities under Sec. 45-221 constitutes "doings" under this section. 51 C. 110. Method of taking appeals reviewed and discussed. 62 C. 370. An appeal in the matter of valuation does not involve amount or validity of claim. 68 C. 185. Otherwise where appeal is unrestricted. 71 C. 713. If real object is same, amendment of claim proper; how appeal taken. 72 C. 167; 73 C. 582; 81 C. 433; 101 U.S. 263. Ad damnum clause. 83 C. 34. Under former statute, held that separate appeals were required from allowance of each claim. 79 C. 89; 122 C. 244. Cited. 130 C. 327. Appeals stricken from the docket constitute failure to prove claims and hence are disallowed. 141 C. 108.

      Executor appealing from allowance of two or more claims must appeal from each separately following the authority of Mattoon's Appeal, 79 C. 86. 3 CS 447. Quaere as to right to jury trial. 10 CS 1; 15 CS 417. Either party may request a jury trial on appeal. 21 CS 160. See 22 CS 241.

      Annotation to present section:

      Cited. 27 CA 333.