An executor, administrator, or trustee of an express trust may sue or be sued without joining the persons represented by him and beneficially interested in the action.
(1949 Rev., S. 7828; P.A. 82-160, S. 42.)
History: P.A. 82-160 replaced “suit” with “action”.
Jurisdiction determined by parties of record, not by those beneficially interested. 34 C. 332. Incapacity of plaintiff to sue must be raised by the pleadings. 52 C. 233. Cited. 62 C. 257. Parties to a suit are made by the writ, not by the complaint. 72 C. 261. Administrator may bring action to enforce judgment lien belonging to intestate; 75 C. 154; or appeal from allowance of claim by commissioners. 82 C. 501. Trustee may be sued without joining beneficiaries of trust. 160 C. 415. Cited. 169 C. 29; 191 C. 1. Plaintiffs who brought action against defendants as executors of the will did not need to join the residuary beneficiaries since they were not indispensable parties. 292 C. 696.
Cited. 5 CA 427; 31 CA 476. Beneficiaries of a trust need not be joined in an action brought by a trustee and in this case all beneficiaries had notice of pending lawsuit and none sought to join as parties. 62 CA 490.
Notes of Decisions
Chase Home Fin., LLC v. Fequiere, 989 A.2d 606 (Conn. App. Ct. 2010).
· cites it 6× “, the plaintiffs predecessor in interest and (2) the Structured Asset Investment Loan Trust (SAIL), the entity for which the plaintiff is trustee, was a valid express trust as required by General Statutes § 52-106. We affirm the judgment of the trial court.”
Bender v. Bender, 975 A.2d 636 (Conn. 2009).
· cites it 4× “We first note that General Statutes § 52-106 squarely rejects the defendants’ contention.”
Citibank, N.A. v. Stein, 199 A.3d 57 (Conn. App. Ct. 2018).
· cites it 5× “Their special defenses alleged that Citibank lacked standing as a trustee under General Statutes § 52-106, but that if Citibank had standing, it was required to modify the mortgage pursuant to an agreement between the Connecticut Attorney General and Countrywide Bank.”
Investors Mortg. Co. v. Rodia, 625 A.2d 833 (Conn. App. Ct. 1993).
· cites it 4× “” Pursuant to General Statutes § 52-106, 1 The Investors Mortgage Company, as trustee, had the right to sue for a deficiency judgment without joining those benefi- *480 daily interested in the action.”
Palmer v. Hartford Nat'l Bank & Trust Co., 279 A.2d 726 (Conn. 1971).
· cites it 4× “We, therefore, hold that where, as here, an equitable action is brought against the trustee of a fund by some beneficiaries seeking reimbursement from that fund, the other beneficiaries need not be parties to the action unless their interests are in some way adverse to those of…”
Second Exeter Corp. v. Epstein, 499 A.2d 429 (Conn. App. Ct. 1985).
· cites it 2× “It should be noted that the trial court incorrectly characterized this response as a “general denial.”
Kukanskis v. Jasut, 362 A.2d 898 (Conn. 1975).
· cites it 2× “” See General Statutes § 52-106. The finding indicates that Stanley and John Jasut are the only persons who have an interest in the outcome of this case.”
Chase Manhattan Bank v. Comm'r of Revenue Servs., 716 A.2d 950 (Conn. Super. Ct. 1997).
· cites it 4× “General Statutes § 52-106. 3 In appeals pursuant to General Statutes § 12-730, the trial court is not limited to the procedure and standard of review under the Uniform Administrative Procedure Act, General Statutes § 4-166 et seq.”
Hackbarth v. Hackbarth, 767 A.2d 1276 (Conn. App. Ct. 2001).
· cites it 2× “B General Statutes § 52-106 provides that “[a]n executor, administrator, or trustee of an express trust may sue or be sued without joining the persons represented by him and beneficially interested in the action.”
Swiconek v. Zoning Bd. of Appeals, 978 A.2d 1174 (Conn. Super. Ct. 2009).
· cites it 2× “” Article VIII (22); see also General Statutes § 52-106 (trustee of express trust may sue or be sued without joining persons represented by him and beneficially interested in action).”
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