Lackman v. McAnulty

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Defendants were the beneficiaries of a trust settled by the decedent. Plaintiffs brought this action seeking, inter alia, a declaratory judgment determining the rights and ownership interests of Defendants in a certain parcel of real property. The trial court awarded summary judgment in favor of Defendants, determining that the decedent’s failure to record a separate document limiting his powers “as trustee” in accordance with Conn. Gen. Stat. 47-20, when the decedent quitclaimed the real property to himself as trustee, did not have the effect of nullifying the transfer of the property to the trust corpus, thereby disallowing the decedent, as an individual, to subsequently devise that property to Plaintiffs through his will. The Supreme Court affirmed, holding that section 47-20 did not apply in this case. Therefore, section 47-20 did not nullify the decedent’s quitclaim deed to himself as trustee, the property was a trust asset, and the specific devise in the decedent’s will was adeemed. View "Lackman v. McAnulty" on Justia Law