Appellate Court of Connecticut
890 A.2d 166 (2006)
John N. Swanson died with a will that left half of his residuary estate to his stepdaughter, Hazel Brennan, “if she survives me.” Hazel Brennan died 17 days before Swanson, survived by her daughter, Kathleen Smaldone (defendant). Swanson’s heirs-at-law (plaintiffs) challenged Smaldone’s right under the Connecticut antilapse statute to receive the bequest that Brennan would have received if she had survived Swanson. The Connecticut antilapse statute provided that if certain relatives, including a stepchild, predecease the testator and “no provision has been made in the will for such contingency,” then the issue of the predeceased devisee will receive the gift intended for the predeceased devisee. The lower court concluded that the antilapse statute did not apply because the language “if she survives me” constituted a provision in the will for the contingency that Brennan might predecease Swanson. Smaldone appealed to the Appellate Court of California.
Rule of Law
Holding and Reasoning (Lavery, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.