KOLODNEY v. KOLODNEY

(2475)

2 Conn. App. 697 (1984)

ABRAHAM J. KOLODNEY, TRUSTEE v. JOSEPH F. KOLODNEY ET AL.

Appellate Court of Connecticut.

Decision released November 13, 1984.


Attorney(s) appearing for the Case

Irving B. Shurberg, for the appellant (plaintiff).

Jason E. Pearl, with whom, on the brief, was Gary W. Gworek, for the appellee (defendant Nancy Kolodney).

John C. Matulis, with whom, on the brief, was Kenneth J. Speyer, for the appellee (defendant Edward J. Januszewski).

William W. Weber, for the appellee (defendant New Britain National Bank).

HULL, BORDEN and SPALLONE, JS.


HULL, J.

This action raises the question of whether an appeal from a Probate Court order requiring increased payments to the beneficiary of a testamentary trust precludes a later declaratory judgment action by which the trustee seeks to determine the extent of his discretion under the terms of the trust. The trial court concluded that the later action was precluded by the earlier and rendered a judgment dismissing the later action, from which the plaintiff appealed...

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