27 Conn. App. 208 | Conn. App. Ct. | 1992
This appeal and cross appeal arise from a dispute concerning the title to property owned by the plaintiff and Emil Cardillo (the decedent). The defendant, the executor of the decedent’s estate, claims that the trial court improperly directed a jury verdict
The plaintiff and decedent intermarried on June 17, 1967, and on August 8, 1968, purchased a parcel of real estate in Torrington, taking title as joint tenants with right of survivorship. On December 21, 1979, the couple’s marriage was dissolved by decree of the Superior Court in the judicial district of Litchfield. The decree ordered the plaintiff to convey her one-half interest in the real estate to the decedent in return for which the decedent was to pay the plaintiff $11,250. Pursuant to the decree, the plaintiff signed a deed quitclaiming her interest in the real estate to the defendant. Her attorney was to hold the deed until the decedent paid the full $11,250 awarded by the court.
On February 14, 1980, the decedent executed a will that left the residue of his estate to be divided evenly between his children and grandchildren from a prior marriage. A few months later, in May, 1980, the parties reconciled and resumed living together in the former marital home. Although the decedent had paid the plaintiff approximately $7500 under the decree,
The decedent died on July 29, 1985, and his will was admitted to probate without objection. The plaintiff thereafter commenced this action seeking certain relief concerning title to the property and recompense for funeral expenses and other payments made on the decedent’s behalf.
We begin our analysis by noting that the plaintiff brought this action against the executor of the estate of Emil J. Cardillo asking, inter alia, that the court enter a decree that she “owns the [property] in fee simple and that the decedent’s estate has no estate, right, title, lien, or interest in said property.” The executor, in his fiduciary capacity, was the sole named defendant. None of the devisees was a party to the action. Accordingly, the plaintiff’s claim must fail.
The plaintiff’s claim for relief, which asked that the court enter a decree that the plaintiff own the property in fee simple, must fail for the same reason. It is
We turn now to the counterclaim. The record discloses that the defendant, as executor of the estate, filed a counterclaim seeking to have the court compel the plaintiff to abide by the dissolution judgment
The judgment is reversed in part and the case is remanded with direction to dismiss counts one and two of the complaint and count one of the counterclaim.
In this opinion the other judges concurred.
In the first count of the counterclaim, the defendant alleges that the plaintiff failed to convey title to the parties’ real estate to him as executor of the decedent’s estate by virtue of an executed quitclaim deed retained by the plaintiffs counsel and by virtue of the judgment of dissolution.
In the first count of the plaintiff’s complaint, she alleges that she and the decedent agreed to resume cohabitation after their dissolution upon condition that the decedent would transfer any right, title, and interest he held in the property to the plaintiff. She alleges that she relied on that agreement to her detriment and that the defendant has refused to honor her claim to the real estate.
In the second count of the plaintiffs complaint, she alleges that the decedent’s failure to convey the real estate to her resulted in an unjust enrichment of the decedent and his heirs.
The plaintiff argues that this action was not an action to quiet title pursuant to General Statutes § 47-31 et seq. We agree, but reach no conclusion regarding whether such an action could be brought to clear up all doubts and disputes about this title.
The trial court also directed a verdict in favor of the plaintiff on an allegation of undue influence. The jury reached a verdict in favor of the plaintiff on the remaining issue of whether the estate should reimburse the plaintiff for the debts of the decedent that she paid. These counts were not appealed.
The standards of title “establish the custom in the legal community . . . [but] are not controlling, contractually or otherwise.” Carter v. Girasuolo, 34 Conn. Sup. 507, 510, 373 A.2d 560 (1976).
We note that the balance of the $11,250 awarded to the plaintiff under the dissolution judgment was never paid. We therefore question whether the plaintiff had an obligation under the dissolution judgment to convey her interest to the decedent and now to his devisees.