APPEAL FROM PROBATE OF BENCIVENGA, 225 Conn. 919 (1993)

625 A.2d 821

APPEAL FROM PROBATE OF GIROLAMO BENCIVENGA ET AL.

(14743)Supreme Court of Connecticut

The defendant city of Milford’s petition for certification for appeal from the Appellate Court, 30 Conn. App. 334 (AC 11155), is granted, limited to the following issues:

Page 920

“1. Where an executrix is removed for cause, did the Appellate Court correctly hold that the named successor executors are aggrieved by a Probate Court’s appointment of an administrator, c.t.a.?

“2. Where more than ten years have elapsed since the appointment of an executor, did the Appellate Court correctly hold that General Statutes 45a-290(c) requires the appointment of the named successor executors, despite the provisions of General Statutes 45a-331 which vests the Probate Court with discretion to settle a decedent’s estate?”

Cynthia C. Anger, assistant city attorney, in support of the petition.

Decided April 13, 1993