McFarland v. Chase Manhattan Bank
| Decision Date | 29 April 1975 |
| Citation | 168 Conn. 411,362 A.2d 834 |
| Court | Connecticut Supreme Court |
| Parties | Emily F. McFARLAND et al. v. CHASE MANHATTAN BANK, N.A., Trustee (ESTATE of John H. BREWSTER), et al. |
Curtiss K. Thompson, New Haven, with whom, on the brief, was Robert N. Schmalz, New Haven, for the appellants and cross appellees (plaintiffs Anthony B. Eberts and National Trust Company, Ltd., executors of the estate of Carolyn B. Eberts).
James R. Fogarty, Jr., with whom, on the brief, was Paul C. Gravenhorst, Stamford, for the appellee and cross appellant (named defendant).
Michael M. Calhoun, Greenwich, with whom, on the brief, were William C. Strong and Anthony M. Macleod, Greenwich, for the appellees (defendant Charles S. Wilcox, coexecutor of the estate of E. Franklin Brewster, et al.).
Jay W. Jacobs, New York City, for the appellees (defendants Ridgway B. Knight et al.).
Leo Nevas, Westport, pro se as guardian ad litem for unborn and unascertained persons.
Before HOUSE, C.J., and COTTER, LOISELLE BOGDANSKI and LONGO, JJ.
This case arose as an appeal from a decree of the Probate Court for the district of Westport which approved and allowed a final account of a trustee and ordered distribution of the trust corpus as set forth in that account. In a detailed memorandum of decision the trial court (Saden, J.) discussed the well-settled, controlling principles of law and properly applied them to the facts which it found. Our examination of the record discloses no material changes which should be made in the court's finding and no harmful error in any ruling of the court made in the course of the hearing on the appeal.
The trial court's memorandum of decision is reported in 32 Conn.Sup. 20, 337 A.2d 1, and we adopt it as a sufficient statement of the reasons why the plaintiffs cannot prevail on the appeal to this court. Since we find no error on the plaintiffs' appeal, it is unnecessary to consider the merits of the cross appeal filed by the named defendant.
There is no error.
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Connecticut Junior Republic v. Sharon Hosp.
...Ecclesiastical Society, supra, 264-66; McFarland v. Chase Manhattan Bank, 32 Conn.Sup. 20, 30, 337 A.2d 1 (1973), aff'd, 168 Conn. 411, 362 A.2d 834 (1975). This result would elevate the form over the substance of the argument and transform probate proceedings into mere semantic exercises. ......
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Dietter v. Dietter, (AC 15995)
...time of the testator's death. See McFarland v. Chase Manhattan Bank, N.A., 32 Conn. Sup. 20, 46-51, 337 A.2d 1 (1973), aff'd, 168 Conn. 411, 362 A.2d 834 (1975). The trial court therefore properly considered the plaintiff's interest as part of the marital C The plaintiff next claims that th......
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