152 Conn.App. 282
Conn. App. Ct.2014Background
- Hadley owned 504 Pequot Avenue in Southport and, by will, devised it to Southport Congregational Church–United Church of Christ.
- Before his death on March 30, 2012, Hadley entered a contract to sell the property to Winn that contemplated a mortgage contingency.
- Probate proceedings in Fairfield sought ancillary administration and authorization to convey title under §45a-325 to Winn.
- Church, as the specific devisee, challenged the sale under §45a-428, which requires consent of devisees where the estate is solvent.
- Cheekwood intervened, asserting a codicil and arguing the contract triggered equitable conversion so Winn would take the proceeds rather than the property.
- Superior Court granted authorization to sell under §45a-325, then amended to require church consent; church appealed, and Cheekwood’s counterclaim was heard in the probate appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable conversion ended Hadley’s ownership at death | Church argued Hadley retained ownership due to mortgage contingency. | Coexecutors/Cheekwood argued conversion left Winn with proceeds only. | Equitable conversion applied; Hadley had no real property ownership at death. |
| Whether §45a-428 required church consent to sell the property | Church maintained consent was required since the property passed by will. | Executors argued §45a-428 did not apply due to the decedent’s lack of property interest. | §45a-428 required the church’s consent; sale without consent was improper. |
| Whether the counterclaim was moot and the Superior Court had jurisdiction | Counterclaim sought relief already granted; jurisdiction to hear moot issues was questionable. | Counterclaim presented a cross-appeal related to the same dispute. | Counterclaim moot; jurisdiction to grant summary judgment was lacking; reverse and dismiss. |
Key Cases Cited
- Francis T. Zappone Co. v. Mark, 197 Conn. 264 (1985) (equitable conversion framework for land contracts)
- Francini v. Farmington, 557 F. Supp. 151 (D. Conn. 1982) (equitable title and preconditions for enforcement)
- Joyner v. Simkins Industries, Inc., 111 Conn. App. 93 (2008) (preconditions in contracts affect equitable ownership)
- Gardner v. Balboni, 218 Conn. 220 (1991) (probate appeal scope and limited jurisdiction)
- Phinney v. Rosgen, 162 Conn. 36 (1971) (timeliness and waivability of probate appeals)
- Heiser v. Morgan Guaranty Trust Co., 150 Conn. 563 (1963) (timeliness and subject matter jurisdiction in probate contexts)
- Keller v. Beckenstein, 305 Conn. 523 (2012) (probate and equity interplay; jurisdictional limits)
- Marshall v. Marshall, 71 Conn. App. 565 (2002) (scope of probate appeal and cross-claims)
- Guerra v. State, 150 Conn. App. 68 (2014) (plenary review for jurisdictional challenges)