Sec. 52-117. Action on probate bond.
Sec. 52-117. Action on probate bond. (a) In any action upon a bond taken in a
court of probate, not brought by a representative of the estate in connection with which
the bond was given or by some person in his own behalf and that of all other persons
interested in the estate, the plaintiff shall state in his complaint or reply, (1) the persons
for whose special benefit the action is prosecuted, (2) how such persons are interested
in the action, and (3) how the act or neglect of the defendant has injured their rights or
affected their interests.
(b) The judgment rendered in any such action shall not, in any future proceedings,
by scire facias or otherwise, bar or conclude the rights of other persons interested in
the bond.
(1949 Rev., S. 7839; P.A. 82-160, S. 48.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 45a-144 re action on probate bond by aggrieved person.
See Sec. 52-74 re action on foreign probate bond.
Amount of recovery is limited to possible right of person for whose special benefit action is brought. 120 C. 346.