Sec. 45a-144. (Formerly Sec. 45-40). Action on probate bond by aggrieved person.
Sec. 45a-144. (Formerly Sec. 45-40). Action on probate bond by aggrieved person. (a) Any person claiming to be aggrieved by the breach of a probate bond, as representative of the estate in connection with which the bond was given, or in his own right
or in the right of himself and all others having an interest in the estate, may bring an
action in the Superior Court or may apply to the court of probate in which the bond was
given to recover for the breach in his own name.
(b) If an application is made or an action is brought by one not acting as a representative of the estate and the judge concludes that the action ought to be prosecuted, or the
proceeding ought to be maintained, on behalf of all persons interested in the estate in
connection with which the bond was given, the judge may order that the action shall be
brought, or the proceeding shall be maintained, on behalf of all such persons; but, in
that event, such persons need not be named in the writ, complaint or application.
(c) The judge shall require that the applicant or the person bringing the action give
a bond, with sufficient surety, in an amount acceptable to the judge, in the nature of a
probate bond. The bond shall be conditioned upon the applicant's or plaintiff's well and
truly accounting for any moneys recovered in the action or proceeding and for his doings
in connection with the action or proceeding and with the securing of payment of any
moneys adjudged to be due. The bond shall be filed, with the endorsement of its acceptance, in the court of probate in which the estate is in settlement. If the application is
made or the action is brought by a representative of the estate and the judge deems the
bond already given by him sufficient to cover any amount which may be recovered in
the action or proceeding, no additional bond need be required.
(d) The plaintiff in any action brought by him, or the applicant in any proceeding
commenced by him, as representative of the estate or on his behalf and that of all persons
interested in it shall account for any moneys recovered to the court of probate in which
the estate is in settlement. The court may allow to the applicant or plaintiff a reasonable
sum for his disbursements and services in the action or proceeding and in any subsequent
proceedings to enforce payment of any sum recovered, to be paid from the amount
recovered or by the estate.
(1949 Rev., S. 6847; P.A. 80-476, S. 71; P.A. 98-52, S. 8.)
History: P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-40 transferred to Sec. 45a-144 in
1991; P.A. 98-52 amended section to provide person aggrieved by breach of bond may apply to probate court in which
bond given and deleted specified conditions necessary for bringing action.
See Secs. 52-117, 52-190 re actions on probate bonds.
Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under section against
defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of
defendant's breach of duties under Secs. 45a-655(a) and 45a-656 (a), as conservator of estate and of person, to ensure
timely payment for services rendered by plaintiff. 257 C. 531.
Subsec. (a):
Provides cause of action for three separate categories of plaintiff, including any person aggrieved "in his own right"
and, accordingly, complaint of state licensed nursing home against defendant conservator for payment for services rendered
stated legally sufficient cause of action. 257 C. 531.
Trial court improperly construed plaintiff's complaint under section as a negligence cause of action. 58 CA 1.