130 Conn. App. 100
Conn. App. Ct.2011Background
- Louis Specyalski died intestate in 1962, leaving nine children who later agreed to convey their farm shares to Valentine through a 1963 written agreement.
- The probate court approved the arrangement, distributing the farm to Valentine and providing limited rights of first refusal and windfall recapture to the other heirs.
- Valentine, who later died in 2008, left the farm to Frank Koba in his will; Louis’ heirs (plaintiffs) challenged Valentine’s fee title as an equitable owner’s claim.
- The plaintiffs allege an oral parol understanding among Louis’ children that Valentine held only a life estate, with the farm to be shared by the family after Valentine’s death.
- Defendant moved for summary judgment arguing that Valentine had marketable record title under the Marketable Title Act, rendering plaintiffs’ equitable claims void; the trial court granted summary judgment for defendant.
- The appellate court held that the Marketable Title Act applies, nullifying plaintiffs’ constructive trust and declaratory judgment claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Marketable Title Act extinguishes the plaintiffs’ equitable claim. | Pls contended issues of fact exist regarding parol understanding. | Koba argued Valentine held marketable title for over forty years; act voids claims. | Yes; act applies and nullifies plaintiffs’ equitable claim. |
| Whether a constructive trust can override the Marketable Title Act. | Plaintiffs sought to prove life-use understanding to preserve family shares. | Act precludes such equitable claims arising before root of title. | No; constructive trust cannot override the act; judgment for defendant affirmed. |
Key Cases Cited
- Cohen v. Cohen, 182 Conn. 193 (1980) (constructive trust arising by operation of law in equity)
- Schmaling v. Schmaling, 48 Conn.App. 1 (1998) (constructive trust imposed when equitable duty to relinquish interest)
- Santa Fuel, Inc. v. Varga, 77 Conn.App. 474 (2003) (probate certificate guides root of title; not muniment of title)
- Johnson v. Sourignamath, 90 Conn.App. 388 (2005) (definition of marketable record title under the act)
- Bonington v. Westport, 297 Conn. 297 (2010) (summary judgment standard; plenary review of ruling)