FRED RUOTOLO ET AL. v. RIEFE TIETJEN, EXECUTOR (ESTATE OF JOHN N. SWANSON), ET AL., 281 Conn. 483

Summary

The residuary clause contained in the disputed will bequeathed, inter alia, one-half of the residue property to the beneficiary, "if she survives me . . . .". The beneficiary died 17 days prior to the testator's death. The trial court found that, because the bequest contained the qualification "if she survives me," the testator had provided for such a contingency and, therefore, had removed the will from the ambit of Conn. Gen. Stat. § 45a-441. The intermediate appellate court disagreed, and held that § 45a-441 prevented lapse of the bequest. The appellate court held that the intermediate appellate court was correct, and adopted that court's opinion.