Murphy's Appeal from Probate
In Murphy's Appeal from Probate, 22 Conn. App. 490, 578 A.2d 661, cert. denied, 216 Conn. 823, 581 A.2d 1057 (1990), the Court held that the trial court properly dismissed as moot the plaintiff's appeal in that case from two orders of the Probate Court involving the administration of his late mother's estate because, among other reasons, during the pendency of the appeal, the Probate Court had approved a final account and ordered distribution. Id. at 493-97.
In so holding, we explained that "any actual controversy as to the plaintiff's claims ceased to exist upon the Probate Court's approval of the final account and the granting of the order of distribution. . . . The mere taking of an appeal from a probate order does not in and of itself vacate or suspend the order." Id. at 495.
Furthermore, the Court took judicial notice that an appeal taken from the approval of the final account and distribution did sufficiently protect the plaintiff's rights. Id. at 496-97.
The first order appealed from by the plaintiff in Murphy's Appeal from Probate involved the Probate Court's denial of his petition seeking, among other things, the removal of a coexecutor of his late mother's estate, a new appraisal of a parcel of real property included in the estate and an order restricting the sale of two parcels of real property included in the estate. Murphy's Appeal from Probate, supra, 22 Conn. App. at 493.
The second order appealed from by the plaintiff removed him from his position as a coexecutor of the estate. Id.