ACCOUSTI v. SHEDRAWNY, No. 095250 (Nov. 27, 1991)


SYLVIA ACCOUSTI ET AL v. VINCENT SHEDRAWY

1991 Ct. Sup. 9446
No. 095250Connecticut Superior Court, Judicial District of Waterbury
November 27, 1991.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

SUPPLEMENTAL MEMORANDUM

HEALEY, STATE TRIAL REFEREE.

This is in response to the plaintiffs’ motion to correct my Memorandum of October 23,

I have no problem in correcting the same by noting that the Certificate of Deposit was in the desk of the decedent and not in his safety deposit box. I did not have a copy of the transcript available and my notes as to that item were rather sketchy so I was relying entirely on my recollection. There was testimony that some of the decedent’s assets were found in the box and that confused me. In passing, I reiterate that the defendant had keys to both the decedent’s house and desk so he had access to the Certificate. I do not recall any testimony that the defendant had signature power over, or a key to, the box. CT Page 9447

With regard to the Second Count of the complaint I thought, and still think, that I had disposed of it by finding that the plaintiffs had not met the burden of proof required by Connecticut General Statutes 36-3. Under that section there is a statutorily authorized method of vesting title. There was no clear and convincing evidence that the statute should not apply.

J. HEALEY, STATE TRIAL REFEREE