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D'AGOSTINO v. Amarante

Citations: 172 Conn. 529; 375 A.2d 1013; 1977 Conn. LEXIS 924

Court: Supreme Court of Connecticut; March 8, 1977; Connecticut; State Supreme Court

Narrative Opinion Summary

The Supreme Court of Connecticut reviewed an appeal concerning the probate of a contested will, where the plaintiffs, heirs-at-law, challenged the will's validity based on claims of the testator's lack of testamentary capacity and undue influence by the defendant, Joseph Amarante. The jury concluded that the will was not duly executed and ruled affirmatively on the issues of testamentary capacity and undue influence. Amarante, as the will's proponent, held the burden of proving due execution and testamentary capacity, consistent with the requirements in the Probate Court. The court reaffirmed that the statutory mandate for valid will execution involves the will being in writing, signed by the testator, and attested by three witnesses in the presence of the testator, according to the General Statutes § 45-161. The jury's verdict was upheld, affirming the lower court's ruling without finding any procedural errors. Despite changes to the statute concerning witness requirements after the will's execution, the decision adhered to the law as it existed at the time of the will's creation, leading to the invalidation of the will and favoring the plaintiffs' position.

Legal Issues Addressed

Adherence to Law at Time of Will Execution

Application: The court's decision was based on the law as it stood at the time of the will's execution, despite subsequent amendments.

Reasoning: The statute regarding the number of witnesses had been amended post-execution of this will, but the ruling was based on the law at the time of execution.

Burden of Proof in Will Contests

Application: The proponent of the will, Joseph Amarante, bore the burden of proof regarding due execution and testamentary capacity, consistent with the Probate Court proceedings.

Reasoning: In the trial, the burden of proof regarding due execution and testamentary capacity rested on Amarante, the proponent of the will, similar to the initial Probate Court proceedings.

Statutory Requirements for Execution of Wills

Application: The court confirmed that the will must adhere to statutory requirements, such as being in writing, subscribed by the testator, and attested by three witnesses in the testator's presence.

Reasoning: The court clarified that the statutory requirements for the proper execution of a will include that it must be in writing, subscribed by the testator, and attested by three witnesses in the testator's presence, as per General Statutes § 45-161.

Testamentary Capacity and Undue Influence

Application: The jury found that the testator lacked testamentary capacity and was subjected to undue influence, rendering the will invalid.

Reasoning: The jury found the will invalid, answering 'no' to the question of due execution, and 'yes' to both testamentary capacity and undue influence.