Cooper v. Cavallaro
In Cooper v. Cavallaro, 2 Conn. App. 622, 481 A.2d 101 (1984) the decedent had bank accounts in joint name with her son, who was also the executor of her estate. Id., 624-25.
The claim made by the plaintiffs in Cooper, the residual beneficiaries in the will, was that a confidential relationship existed between the testatrix and the executor. Id., 625.
Because of this confidential relationship, the plaintiffs in Cooper claimed that they did not have to prove the existence of fraud or undue influence, but instead that the defendant had to prove that the transfers were valid inter vivos gifts. Id.
In Cooper, the Court rejected the plaintiffs' claims that there was a confidential or fiduciary relationship between the mother and her son; id., 626; and that the statute creating the presumption of an inter vivos gift was unconstitutional. Id., 627.