134 Conn. App. 265
Conn. App. Ct.2012Background
- Goryn executed a quitclaim deed conveying her Glastonbury property to Mann on March 26, 2009 and also appointed Mann as health care agent via a durable power of attorney on the same day, both acknowledged before a notary and attested to by two witnesses including Mann.
- The deed was recorded May 19, 2009; Goryn died May 22, 2009; Hannaford was appointed administrator on June 30, 2009, and a lis pendens notice was filed July 1, 2009.
- Plaintiff (as administrator) alleged the deed and power of attorney were invalid because Mann acted as a witnessing attestor to both, and sought declarations of invalidity and return of property.
- The trial court denied Hannaford’s summary judgment and granted Mann’s summary judgment, concluding the documents were valid despite Mann’s witness role.
- On appeal, the court must decide whether Mann’s status as attesting witness invalidates the deed and power of attorney, and if so, grant relief to Hannaford; the decision also addresses whether any validating acts or case law save the documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of grantee as witness to deed | Hannaford | Mann as witness is permissible | Deed invalid; grantee cannot witness |
| Validity of power of attorney with same witness | Hannaford | Witness role acceptable | Power of attorney invalid; witnessing flaw |
| Effect of case law and statutes on witness validity | Giannopoulos validates deeds; §52-145 disqualifies conflict | Current law saves only certain defects | Giannopoulos/§52-145 do not save here; deed and POA invalid |
Key Cases Cited
- Winsted Savings Bank & Building Assn. v. Spencer, 26 Conn. 194 (1857) (witnesses must be disinterested; grantee cannot witness a deed)
- Giannopoulos v. Corbin, 7 Conn. App. 601 (1986) (validating act; disinterestedness not required for all practices; but grantee-witness issue remains)
- Coppola v. Coppola, 243 Conn. 657 (1998) (statutory construction; avoid absurd results in witnessing deeds)
- Webster Bank v. Flanagan, 51 Conn. App. 733 (1999) (standards of title; witnessing considerations)
- PJM & Associates, LC v. Bridgeport, 292 Conn. 125 (2009) (statutory construction; interpretation to avoid redundancy)