318 A.2d 647 | Conn. Super. Ct. | 1973
The plaintiff, James Battle, as the father of the decedent, Eric Battle, brings this appeal from an order of the Probate Court in and for the district of New Haven appointing the defendant, Gerald H. Kahn, of New Haven, as the administrator on the estate of his son.
The plaintiff in essence claims that he had never received any notice of a hearing in the Probate Court of the proposed appointment; that had he received such a notice he would have opposed the appointment; and, further, that his son's mother had deceived him into believing that he, the plaintiff, could be appointed to handle the decedent's estate.
The demurrer to the appeal is grounded on the basis that the plaintiff is not an aggrieved party and therefore has no standing to maintain the appeal. The court does not agree.
Under the statute, any person aggrieved by any order, denial or decree of the Probate Court in any matter may appeal therefrom to the Superior Court. General Statutes §
Since Kahn is not a next of kin of the decedent and since none of the conditions subsequent to the appointment of such next of kin has occurred, the plaintiff's right to be appointed to the status of an administrator has been violated and his legally protected right to be considered for such an appointment has been ignored, thus making him an aggrieved party in the eyes of the law.
A careful reading of Williams v. Houck,
The demurrer is overruled.