(a) A residuary legatee, when all or any part of his legacy is withheld from him by an executor, may bring an action for an accounting against the executor for the recovery thereof. An executor, who is also residuary legatee, when all or any part of his legacy is withheld from him by his coexecutor, may bring an action for an accounting against his coexecutor for the recovery thereof.
(b) When two or more persons hold property as joint tenants, tenants in common or coparceners, if one of them occupies, receives, uses or takes benefit of the property in greater proportion than the amount of his interest in the property, any other party and his executors or administrators may bring an action for an accounting or for use and occupation against such person and recover such sum or value as is in excess of his proportion.
(1949 Rev., S. 8148; P.A. 82-160, S. 146.)
History: P.A. 82-160 replaced “estate” with “property”, rephrased the section and inserted Subsec. indicators.
Account does not lie between executors, merely as such; 5 C. 26; nor between cotenants, where there are more than two. 16 C. 341. Cited. 25 C. 148. Tenant making necessary repairs may recover of his cotenants their share of the expense. 50 C. 256. In determining the “due proportion” of each cotenant, all equities are to be considered. 82 C. 425. Cited. 110 C. 656. At common law, cotenant in possession was not accountable to cotenant for anything received from common estate. 118 C. 17. Cited. 222 C. 150.
Cited. 5 CA 457; 14 CA 402.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1988–2024 · leading case:
Crowell v. Danforth, 609 A.2d 654 (Conn. 1992).
Crowell v. Danforth, 609 A.2d 654 (Conn. 1992).
· cites it 9× “General Statutes § 52-404 (b) provides: "When two or more persons hold property as joint tenants, tenants in common or coparceners, if one of them occupies, receives, uses or takes benefit of the property in greater proportion than the amount of his interest in the property, any…”
Lerman v. Levine, 541 A.2d 523 (Conn. App. Ct. 1988).
· cites it 9× “” General Statutes § 52-404 (b) provides “[w]hen two or more persons hold property as joint tenants, tenants in common or coparceners, if one of them occupies, receives, uses or takes benefit of the property in greater proportion than the amount of his interest in the property,…”
Culhane v. Culhane, 969 F. Supp. 2d 210 (D. Conn. 2013).
· cites it 12× “Defendant asserts two counterclaims, for statutory accounting and distribution pursuant to Conn. Gen.Stat. § 52-404(b) and for unjust enrichment.”
Cavanagh v. Richichi, 275 A.3d 701 (Conn. App. Ct. 2022).
· cites it 4× “, 50; see also General Statutes § 52-404 (b) (‘‘[w]hen two or more persons hold property as joint tenants, tenants in common or coparceners, if one of them occupies, receives, uses or takes benefit of the property in greater proportion than the amount of his interest in the…”
Ciccarelli v. Ciccarelli, 194 Conn. App. 335 (Conn. App. Ct. 2019).
· cites it 5× “In the second count, the plaintiff sought an accounting and damages pursuant to General Statutes § 52-404 (b).2 The defendant thereafter filed an answer, in which he denied the allegations of the plaintiff’s complaint.”
Bomberov. Bombero, 125 A.3d 229 (Conn. App. Ct. 2015).
· cites it 3× “6 General Statutes § 52-404 provides: ‘‘(a) A residuary legatee, when all or any part of his legacy is withheld from him by an executor, may bring an action for an accounting against the executor for the recovery thereof.”
D. J. v. F. D., 327 A.3d 405 (Conn. App. Ct. 2024).
· cites it 2× “counterclaim seeking an accounting and contribution from the plaintiff for expenses related to the property.”
Brennan v. Brennan Assocs., No. SC19116, SC19150 Dissent (Conn. May 5, 2015).
· cites it 2× “’’ 7 The plaintiff’s second revised and amended complaint included causes of action for: (1) payment of the value of his partnership interest pursuant to § 34-362; (2) ‘‘damages resulting from mismanagement of the partnership affairs’’; and (3) an accounting pursuant to General…”
Conn. Gen. Stat. § 52-404(b): 1 case
Culhane v. Culhane, 969 F. Supp. 2d 210 (D. Conn. 2013).
“Defendant asserts two counterclaims, for statutory accounting and distribution pursuant to Conn. Gen.Stat. § 52-404(b) and for unjust enrichment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.