Bank of Boston Connecticut v. Brewster, 11726
| Decision Date | 27 July 1993 |
| Docket Number | No. 11726,11726 |
| Citation | 628 A.2d 990,32 Conn.App. 215 |
| Court | Connecticut Court of Appeals |
| Parties | BANK OF BOSTON CONNECTICUT, Trustee v. William P. BREWSTER et al. |
William H. Clendenen, Jr., New Haven, for appellant (named defendant).
Barbara S. Miller, Southport, with whom were James J. Gentile, Bridgeport, Anne M. Ragusa, Southport, Robert J. Engelman and, on the brief, Phyllis M. Pari, New Haven, for appellees (defendant Mary Elizabeth Greene, et al.).
Thomas M. Fiorentino, Asst. Atty. Gen., for appellee (defendant Richard Blumenthal, Atty. Gen.).
Before EDWARD Y. O'CONNELL, FOTI and LAVERY, JJ.
The defendant appeals from the trial court's interpretation of a trust. The defendant claims (1) that the trial court's decision is subject to de novo review, (2) that the trial court failed to follow fundamental principles of will construction, (3) that the trial court failed to find that a certain provision of the trust was ambiguous because it was inconsistent with provisions distributing other property, (4) that the trial court improperly applied the presumption against intestacy, and (5) that the trial court improperly adopted a construction that contradicts the plain meaning of a certain provision of the trust. We affirm the judgment of the trial court.
The following facts are pertinent to the resolution of this appeal. In 1972, Phebe Warren Brewster Healey died. She left one-half of the residue of her estate to her son, William P. Brewster. She left the other half of the residue of her estate in trust with the four sisters of her late husband as beneficiaries. The trust provided that the income from the trust be paid "in equal shares, during their lifetimes, at least as often as quarter-annually." The trust further provided that upon the death of each of the sisters
In 1988, one of the sisters died. One-fourth of the principal of the trust as it then existed was paid to the sister's only child. After another sister died in 1991, the trustees filed an accounting, to which William P. Brewster objected. Thereafter, the trustees brought this action requesting...
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