WATERBURY NATIONAL BANK v. WATERBURY NATIONAL BANK


162 Conn. 129 (1972)

WATERBURY NATIONAL BANK ET AL., TRUSTEES (ESTATE OF JOHN S. DYE, SR.) v. WATERBURY NATIONAL BANK, EXECUTOR (ESTATE OF JOHN S. DYE, SR.), ET AL.

Supreme Court of Connecticut.

Decided January 4, 1972.


Attorney(s) appearing for the Case

J. Warren Upson, for the plaintiffs.

James T. Healey, with whom, on the brief, was Frank T. Healey, Jr., for the named defendant et al., trustees under the inter vivos trust of John S. Dye, Jr.

Meylert M. Armstrong III, with whom was Walter F. Torrance, Jr., for the named defendant et al., executors (Estate of Lucy W. Dye).

Jonathan F. Ells, for the defendant Robert C. Dye et al.

Michael J. Falker, for the defendant Carl A. Peterson, guardian ad litem for indeterminate heirs under trust of John S. Dye, Jr.

Miles F. McNiff, Jr., pro se, guardian ad litem for the defendant John S. Dye, Jr.

HOUSE, C. J., COTTER, THIM, SHAPIRO and LOISELLE, JS.


HOUSE, C. J.

This case has been presented on a reservation for the advice of this court. The relevant facts are contained in a stipulation of fact agreed on by all the parties.

John S. Dye, Sr., hereinafter referred to as the testator, died August 9, 1944, leaving a will dated February 27, 1939. Article fourth of the will provided for a trust, the corpus of which was the residue of the testator's estate. The will...

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