CONNECTICUT BANK & TRUST CO. v. COFFIN

(13390), (13391), (13392), (13393), (13394), (13395), (13396), (13397), (13398), (13399), (13400)

212 Conn. 678 (1989)

CONNECTICUT BANK AND TRUST COMPANY v. DEXTER D. COFFIN IV ET AL. CONNECTICUT BANK AND TRUST COMPANY ET AL. v. DEXTER D. COFFIN, JR., ET AL.

Supreme Court of Connecticut.

Decision released August 22, 1989.


Attorney(s) appearing for the Case

Joseph F. Skelley, Jr., with whom, on the briefs, were Mary Margaret Pitt, C. Thomas Furniss, James F. Aspell, Thomas F. Parker and Brenda M. Bergeron, for the defendants Dexter D. Coffin, Jr., Mary K. Coffin, Windsor D. Coffin, Dexter D. Coffin IV and Gavin T. Coffin.

Joseph B. Burns, with whom were Austin J. McGuigan and, on the briefs, Bruce G. MacDermid, for the defendants Thomas M. Fogerty Coffin, Tavis H. Fogerty Coffin, Ryan K. Fogerty Coffin and Sean Van Schoonmaker Coffin.

Robert A. Horowitz, with whom was Mark S. Gregory, for the defendants Neil Elliott, Bruce W. Elliott, Merrilee Elliott O'Neil, R. Brian Elliott, Glenaan Mary Elliott and Walter J. Elliott IV.

John L. Bonee III, with whom was Jacob D. Zeldes, Frank J. Silvestri, Jr., David P. Atkins, David P. Friedman and, on the briefs, Elga R. Wasserman and Glenn E. Coe, for the defendants Kathryn Blaire Greenhalgh, Joyce C. Coffin, Martha E. Coffin Thomas, Laura E. Coffin, Edward M. Coffin and Dexter D. Coffin III.

Stephen B. Goddard, with whom was Cynthia A. Blair, for the defendant Lance J. Coffin.

George C. Hastings, with whom, on the brief, was Timothy S. Fisher, for the plaintiff Connecticut Bank and Trust Company.

Jacob D. Zeldes and Paul J. McQuillan, with whom were Frank J. Silvestri, Jr., David P. Atkins, David P. Friedman and, on the briefs, Glenn E. Coe, Elga R. Wasserman, John L. Bonee III, Joseph F. Skelley, Jr., and Mary Margaret Pitt, for the defendants Joyce C. Coffin, Dexter D. Coffin III, Edward M. Coffin, Martha E. Coffin Thomas, Laura E. Coffin, Kathryn Blaire Greenhalgh, Lance J. Coffin, Sean Van Schoonmaker Coffin, Gavin T. Coffin, Dexter D. Coffin IV, Sean J. Thomas, Jr., unknown and unborn issue of Dexter D. Coffin, Jr., Dexter D. Coffin, Jr., Mary K. Coffin and Windsor D. Coffin.

George C. Hastings, with whom, on the brief, were Timothy S. Fisher and Linda J. McDowell for the plaintiffs Connecticut Bank and Trust Company and James E. Morgan, Jr.

PETERS, C. J., SHEA, CALLAHAN, GLASS and MENT, JS.


SHEA, J.

In the first action the Connecticut Bank and Trust Company, N.A. (CBT), sought a declaratory judgment to determine which of the defendants are "issue" of Dexter D. Coffin, Jr., and thus beneficiaries of an inter vivos trust created by his father, Dexter D. Coffin, by an indenture dated April 30, 1957,1 of which the plaintiff bank is a cotrustee. The trial court held that the term "issue...

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