2005 Connecticut Code - Sec. 45a-191. (Formerly Sec. 45-293). Interest of appellant to be stated.

      Sec. 45a-191. (Formerly Sec. 45-293). Interest of appellant to be stated. In each appeal from probate or from the actions of commissioners, the interest of the appellant shall be stated in the motion for appeal, unless such interest appears on the face of the proceedings and records of such court of probate.

      (1949 Rev., S. 7075; P.A. 80-476, S. 97.)

      History: P.A. 80-476 substituted "actions" for "doings"; Sec. 45-293 transferred to Sec. 45a-191 in 1991.

      Annotations to former section 45-293:

      Appeal by executor from allowance of claim sufficiently states interest. 82 C. 501. Allegation that appellants are "beneficiaries interested in" estate held insufficient. 106 C. 588. Cited. 112 C. 458. Facts showing basis of appellant's pecuniary interest and its nature must be alleged; description of appellant as widower and heir not sufficient statement of interest as legatee under prior will. 132 C. 146. Unless appeal complies with conditions designated by statutes, Superior Court is without jurisdiction. 139 C. 374. Failure of appellant to state his interest in his motion for appeal does not render appeal void but merely voidable. Id., 733. Statute is satisfied if motion for appeal states the nature of the interest claimed. Id., 738. In an appeal from the admission of a will to probate, an allegation in the motion for appeal that the appellant is an heir at law is adequate to satisfy the requirement that the interest of the appellant, which has been adversely affected, be set forth. 142 C. 432. Interest of appellant in the subject matter of the decree appealed from is satisfied if the motion for appeal states the nature of the interest claimed. It is not essential that the motion for appeal allege facts which establish the final validity of the claim. 143 C. 433. Cited. 154 C. 247. In appeal from wife's account as conservatrix of her incompetent husband, plaintiff's mere allegation that he is aggrieved and that he is only child of incompetent does not fulfill statutory requirements of section 45-288 and this section. 156 C. 625. Cited. 165 C. 24. Id., 478, 482. Plaintiff administrator of an intestate's estate, supplanted after discovery of decedent's will, failed to state his interest in the estate. 167 C. 396. Statute does not require the interest involved to be solely in the estate itself and although person who bids upon the property of an estate offered for sale has no interest in the property itself, he does have an interest in the proceedings used by the court to approve the sale. 180 C. 511, 513, 516, 518. Cited. 195 C. 123, 125. Cited. 216 C. 514, 521.

      Cited. 6 CA 521, 523, 524. Cited. Id., 530, 532.

      Cited. 4 CS 208; 13 CS 97. Interest of appellant must be accurately stated in motion for appeal. 5 CS 169. Allegation that appellants "are heirs at law of deceased" was sufficient to fulfill statutory requirement where interest of appellants did not appear on the face of the proceedings and records of the court of probate. 10 CS 503. Allegation in appeal from order of probate court admitting decedent's will to probate that appellants are heirs at law of decedent is adequate to satisfy this statute. 27 CS 434.

      Annotation to present section:

      Cited. 30 CA 334, 336.