Buchholz's Appeal from Probate

519 A.2d 615, 9 Conn. App. 413, 1987 Conn. App. LEXIS 780
CourtConnecticut Appellate Court
DecidedJanuary 6, 1987
Docket4456
StatusPublished
Cited by34 cases

This text of 519 A.2d 615 (Buchholz's Appeal from Probate) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buchholz's Appeal from Probate, 519 A.2d 615, 9 Conn. App. 413, 1987 Conn. App. LEXIS 780 (Colo. Ct. App. 1987).

Opinion

Dupont, C. J.

The plaintiff appeals from a judgment of the Superior Court which dismissed, on its own motion, his appeal from a decision of the Windsor Locks [414]*414Probate Court denying his application to be named guardian of his adult mentally retarded daughter. The sole issue of this appeal is whether the plaintiff is aggrieved by, and therefore has standing to appeal from, the Probate Court decree.

The facts are not in dispute. The plaintiff is the father and the defendant1 is the mother of Trudy Buchholz, a twenty year old woman who is mentally retarded.2 The parties were divorced in 1969, at which time the defendant was granted custody of her daughter. During the two years preceding the Probate Court’s decree, however, Trudy Buchholz resided with the plaintiff in Windsor Locks.3

The plaintiff filed an application in the Probate Court pursuant to General Statutes § 45-322, seeking to be named guardian of his daughter’s estate.4 This application was opposed by the defendant. After a hearing, the Probate Court named the defendant as guardian and the plaintiff as standby guardian.5 6The plaintiff sub[415]*415sequently appealed from this decision to the Superior Court. The Probate Court issued its decree allowing the appeal.

The plaintiffs appeal was dismissed by the court for lack of jurisdiction. In dismissing the appeal, the trial court held that the plaintiff was not aggrieved within the meaning of § 45-288, and therefore had no right to appeal from the Probate Court’s decree. That statute grants a right of appeal to “[a]ny person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specifically provided by law . . . .”

The jurisdictional requirement of aggrievement serves both practical and functional purposes to assure that only those parties with genuine and legitimate interests are afforded an opportunity to appeal. Merrimac Associates, Inc. v. DiSesa, 180 Conn. 511, 516, 429 A.2d 967 (1980). If an appellant is a mere stranger or interloper to the proceedings with no direct interest in the outcome, the court is without jurisdiction to hear the appeal. See Graham v. Estate of Graham, 2 Conn. App. 251, 254, 477 A.2d 158, cert. denied, 194 Conn. 805, 482 A.2d 710 (1984); Urrata v. Izzillo, 1 Conn. App. 17, 19, 467 A.2d 943 (1983). Aggrievement falls within two broad categories, classical and statutory. The factors involved in whether classical aggrievement exists are tempered by the subject matter of the litigation. Classical aggrievement usually requires that the party claiming aggrievement has a direct pecuniary interest in the outcome of the litigation. Cannavo Enterprises, Inc. v. Burns, 194 Conn. 43, 47, 478 A.2d 601 (1984). Because of the types of issues often presented in probate appeals, however, the concept of aggrievement in such cases has evolved into a broader standard than that requiring a showing of a direct pecuniary interest. Merrimac Associates, Inc. v. DiSesa, supra; Hartford Kosher Caterers, Inc. v. Gazda, 165 Conn. 478, 484, [416]*416338 A.2d 497 (1973). Statutory aggrievement exists by legislative fiat which grants an appellant standing by virtue of particular legislation, rather than by judicial analysis of the particular facts of the case. Weill v. Lieberman, 195 Conn. 123, 124-25, 486 A.2d 634 (1985) ; Baskin’s Appeal from Probate, 194 Conn. 635, 637-38, 484 A.2d 934 (1984); see Pierce v. Zoning Board of Appeals, 7 Conn. App. 632, 636, 509 A.2d 1085 (1986).

A two-prong analysis is used in probate appeals to determine whether a party is classically aggrieved by a denial, decree or order of a court of probate as provided by General Statutes § 45-288. Hartford Kosher Caterers, Inc. v. Gazda, supra. That analysis includes a consideration of “(1) the nature of the appellant’s interest, and (2) the adverse effect, if any, of the Probate Court’s decision on that interest.” Id.

The nature of the interest claimed by the plaintiff is that he is the natural father of Trudy Buchholz, and was the parent with whom she resided for two years prior to the filing of the application for guardianship. The plaintiff alleges that a natural bond exists between a parent and his child, and that, because of this relationship, the parent has a legally cognizable interest sufficient for a finding of aggrievement within the meaning of § 45-288. The defendant alleges that because Trudy Buchholz is not a minor, the father has no continuing legal rights or duties relating to her welfare or care, and thus has no direct interest in the case. The trial court held that the assertion of the relationship of a father and his child does not constitute a sufficient interest to entitle the father to standing within the meaning of the statute.6

[417]*417It has been recognized that in order to have classical aggrievement, the nature of the interest that is presented must involve a legally protected personal right or status of the appellant. See Mystic Marinelife Aquarium, Inc. v. Gill, 175 Conn. 483, 491-93, 400 A.2d 726 (1978); Old Rock Road Corporation v. Commission on Special Revenue, 173 Conn. 384, 386-87, 377 A.2d 1119 (1977); Maloney v. Taplin, 154 Conn. 247, 250, 224 A.2d 731 (1966); 4 Am. Jur. 2d, Appeal and Error § 183, p. 692. Our courts have previously considered the nature of the interest of various family members in probate decisions. We have held that a son did not have a real or legal interest sufficient for standing to appeal from a probate decision regarding the approval of a final account of the estate of his mother on the basis that he might potentially become liable in the future for her support. Graham v. Estate of Graham, supra. It has likewise been recognized that an only child of an incompetent parent did not have a sufficient legal interest to allege aggrievement in a probate proceeding involving the acceptance of the account of a conservatrix. Fitzhugh v. Fitzhugh, 156 Conn. 625, 239 A.2d 513 (1968). A nephew who claimed that he was the future heir and had the present responsibility for the care and maintenance of his incompetent aunt was held to not have a sufficient interest to appeal from an order of the Probate Court which assumed jurisdic[418]*418tion of an application for the appointment of a conservator. Maloney v. Taplin, supra. An allegation that the appellant was the brother of the deceased and an heir-at-law was likewise not sufficient to constitute an interest to give rise to a right of appeal from a decision of the Probate Court admitting the will of the deceased.

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Bluebook (online)
519 A.2d 615, 9 Conn. App. 413, 1987 Conn. App. LEXIS 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buchholzs-appeal-from-probate-connappct-1987.