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RUOTOLO v. TIETJEN

No. 25239.

890 A.2d 166 (2006)

93 Conn.App. 432

Rired RUOTOLO et al. v. Riefe TIETJEN, Executor (Estate of John N. Swanson), et al.

Appellate Court of Connecticut.

Decided January 31, 2006.

Attorney(s) appearing for the Case

Jonathan J. Einhorn, New Haven, for the appellant (defendant Kathleen Smaldone).

Jeffrey T. Beatty, for the appellee (named defendant).

Gerald E. Farrell, Sr., Wallingford, for the appellee (defendant Stella Szollosi).

J. Michael Sulzbach, New Haven, for the appellees (defendant Marion Fessenden et al.).

LAVERY, C.J., and DRANGINIS and McLACHLAN, Js.

LAVERY, C.J.

This appeal presents a question of statutory interpretation of General Statutes § 45a-441, our testamentary antilapse statute. The appellant, Kathleen Smaldone,1 appeals from the judgment of the Superior Court on appeal from the Probate Court, which found the statute inoperative in the present case. We disagree and, accordingly, reverse the judgment of the Superior Court.

The facts are undisputed. On March 1,...

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