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Section 52-117 – Action on probate bond

May 11, 2021 | Civil Procedure, Connecticut

(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.

Conn. Gen. Stat. ยง 52-117

(1949 Rev., S. 7839; P.A. 82-160, S. 48.)

Amount of recovery is limited to possible right of person for whose special benefit action is brought. 120 C. 346.

See Sec. 45a-144 re action on probate bond by aggrieved person. See Sec. 52-74 re action on foreign probate bond.