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Connecticut Bank and Trust Company v. Brody

Supreme Court of Connecticut
392 A.2d 445 (1978)


Facts

On August 6, 1920, William C. Skinner executed his will. Its terms declared that the Phoenix State Bank and Trust Company, now Connecticut Bank and Trust Company (plaintiff), would serve as trustee for a trust to be paid as follows: one-third of Skinner’s property would be given to Phoenix State Bank in trust. The income from said trust would be paid to Skinner’s children equally for their entire lives. When all children passed on, the income was to go to all of Skinner’s grandchildren. Once all of Skinner’s grandchildren passed away, the remainder of the trust would be split equally among his great-grandchildren. At the time of Skinner’s death in 1922, he was survived by three children, five grandchildren, and no great-grandchildren. Connecticut State Bank and Trust Company brought this action in superior court to determine its authority with regard to Skinner’s trust and whether it could pay the remainder of the trust out to Skinner’s great-grandchildren. Brody (defendant) requested the superior court to reserve its judgment until the state supreme court could grant advice on questions regarding the rule against perpetuities. The Supreme Court granted the request.

Rule of Law

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Issue

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Holding and Reasoning (House, C.J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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