Massey v. Foote

• Decision Date: 06 July 1917
• Citation: 101 A. 499,92 Conn. 25
• Parties: MASSEY v. FOOTE.
• Court: Connecticut Supreme Court

101 A. 499

92 Conn. 25

MASSEY

v. FOOTE.

Supreme Court of Errors of Connecticut.

July 6, 1917.

Appeal from Superior Court, New London County; Joel H. Reed, Judge.

Proceedings by Lucy A. Massey as guardian of Lydia L. Main Foote, for the allowance of her account as guardian against said ward. A probate court decree, disallowing the account, was affirmed by the superior court, and the guardian appeals. Affirmed.

C. Hadlai Hull, of New London, for appellant. Edmund W. Perkins, of Norwich, for appellee.

SHUMWAY, J. The only debatable question in this case involves an interpretation of section 203 of the General Statute. The part of the statute bearing upon the question reads thus:

"Any court of probate may modify or revoke any order or decree made by it ex parte before any appeal therefrom, and if made in reference to the settlement of any estate, before the final settlement, * * * upon the written application of any person interested therein. * * * "

This court has held and reaffirmed that the entire jurisdiction of probate courts is statutory, special, and limited. In the exercise of such statutory jurisdiction they possess such incidental and implied powers, legal and equitable, and such only, as are necessary to the entire performance of all the duties imposed upon them by law. Potwine's Appeal, 31 Conn. 381; Hall v. Pierson, 63 Conn. 332, 28 Atl. 544; Schutte v. Douglass, 90 Conn. 529, 97 Atl. 906. In passing upon the jurisdiction of probate courts, this court has considered also the power of probate courts to modify or set aside its orders and decrees. In this case now under consideration only such facts as are material need be recited.

It appears that William L Main died in 1890, leaving a will which was duly offered for probate and was approved. The estate was distributed by order of the probate court. A portion thereof was distributed to Amos W. Main, a son of William L Main. Amos W. Main died in July, 1901, leaving a widow, the present plaintiff. She was appointed administratrix upon her husband's estate on July 18, 1901. She duly filed an inventory and charged herself with this item. The interest of said deceased in his estate of his late father was estimated at $2,000. On th, e 6th day of October, 1908, distributors were appointed to distribute the estate. The court, having ascertained the heirs and distributees of the estate of Amos W. Main, ordered the estate distributed to them. To the present plaintiff there was distributed as follows: One undivided third of the distributive share of what will remain for distribution of the estate of William L. Main that by the terms of his will would go to Amos Main on the death of the widow of William L. Main, had Amos outlived her. At the time of Amos W. Main's death he had a minor daughter, Lydia L. Main, the present defendant, and a minor son, Clifford M. Main. On the 27th day of July, 1901, the plaintiff was appointed guardian of her minor daughter, Lydia L. Main. The widow of William L. Main died in April, 1913.

By the distribution of the estate of Amos Main on October 0, 1908, which was approved by the probate court, one-third of what remained of William L. Main's estate was distributed to the plaintiff. On the 8th day of April, 1914, the probate court ordered the balance of the estate of William L. Main to be distributed to the beneficiaries named in the will, and these beneficiaries had been ascertained and adjudicated by the decree of the court of October 6, 1908. From the order of the court of April 8, 1914, one of the executors of the will of William L. Main appealed to the superior court, which appeal was pending in said court until October 27, 1914. In September, 1914, the executors of ...