Sec. 45a-434. (Formerly Sec. 45-272a). Division of estate among joint devisees or legatees.
Sec. 45a-434. (Formerly Sec. 45-272a). Division of estate among joint devisees
or legatees. (a) When a testator orders an estate to be divided among two or more
devisees or legatees without appointing any person to divide it, or if he appoints persons
to divide it who refuse or are unable to do so, or when in any will any estate or interest
has been given to two or more persons jointly, and the same is susceptible of a division,
the executor or other fiduciary charged with the administration of the estate shall make
the division, provided the court before which such will was proved may, in its discretion,
during the settlement of the estate of the testator, on its own motion or on the request
of anyone interested, appoint three disinterested persons to make the division. Such
division shall, when accepted by the court, be binding on all persons interested.
(b) If the devisees, legatees or heirs are legally capable of acting and make a division
in writing, in the manner provided for the division of an intestate estate, such division
shall be valid.
(c) Whenever there has been a contest with respect to the validity, admissibility to
probate or construction of a will, if all persons interested in the estate, including persons
interested as contestants or fiduciaries acting in behalf of a contestant, make and file in
the court an agreement as to the division of the estate, in writing, executed and acknowledged in the same manner as provided for conveyances of land in section 47-5, such
agreement shall be a valid division of the estate if approved by the Court of Probate.
Any such fiduciary may petition the court of probate which appointed him for permission
to enter into such an agreement. The court may grant such petition or may deny such
petition. Such petition shall not be denied unless a hearing has been held thereon for
which the court shall make such order of notice as it deems reasonable. Any such contested estate which is settled by such an agreement shall be subject to the tax imposed
under chapter 216, which shall be imposed on the basis of the disposition provided for
in whatever will or codicil, if any, is admitted to probate after such agreement or if no
will or codicil is admitted to probate, then on the basis of the dispositions provided for
under the laws of intestacy.
(1949 Rev., S. 6970; P.A. 77-417, S. 1; P.A. 80-476, S. 320; P.A. 81-472, S. 81, 159.)
History: P.A. 77-417 added provisions re agreements on division of estates in cases where will has been contested;
P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 81-472 made technical changes; Sec. 45-182
transferred to Sec. 45-272a in 1981; Sec. 45-272a transferred to Sec. 45a-434 in 1991.
Annotations to former section 45-182:
Distribution cannot be made by distributors appointed by heirs and devisees. 3 D. 260. Preceding case distinguished
in 17 C. 354. Distribution can be made of a piece of land the north half of which was devised to one and the south half to
another. 7 C. 21. Court of probate has no jurisdiction to approve distribution made by parties appointed by will. 8 C. 412.
No distributors necessary where estate is all in money. 16 C. 317. Distribution cannot be set aside in equity. 24 C. 246.
Distributions to be liberally construed. 31 C. 588. Distributors should make a reappraisal if necessary, before distribution.
42 C. 346. Superior court has no power to make or order distribution to be made. 46 C. 179. Court and distributors must
recognize conditions and burdens attached to division by testator. 64 C. 53. Distribution as relating back to death of testator.
65 C. 510. Proceeds of sale of real estate treated as land would have been. 66 C. 410; 82 C. 308. Distributors' duties; cannot
pass on validity of claims. 68 C. 84. Cited. 69 C. 78. Power of court to determine distributees. 71 C. 128; 72 C. 322.
Treatment of fire insurance money where fire occurs after testator's death. Id., 29. Court may order partial distribution.
73 C. 56. When a person appointed in will makes only partial distribution court may appoint distributors to complete it.
74 C. 131. No occasion for distribution if only one devisee. 77 C. 378. Distribution not source of title. 78 C. 485; 87 C.
85. Distribution to "heirs" of deceased person void. 78 C. 485; 80 C. 363; 83 C. 346; 84 C. 323. Distribution of stock in
fractional parts. 81 C. 95. See note to chapter 795. Any division joined in by all distributees constitutes valid distribution.
86 C. 471; 89 C. 427; 104 C. 103. Division may be executed by majority of the disinterested persons, provided all three
had notice of meeting and opportunity to be present. 111 C. 591. Statute does not apply if testator appoints someone to
make the division. 117 C. 374. Cited. 121 C. 112.
Annotation to former section 45-272a:
Cited. 2 CA 729.