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