In re Probate Appeal of Mikoshi

5 Citing cases

  1. U.S. Electrical Services v. Zolla

    MMXCV146012106 (Conn. Super. Ct. Dec. 17, 2015)

    1 Restatement (Second), supra, § 229, comment (c). Although Felix may be deemed to have obtained constructive possession of the stolen funds once they were deposited into his bank account; see In re Mikoshi, 124 Conn.App. 536, 538 n.3, 5 A.3d 569 (2010) (" Pursuant to [General Statutes § 36a-290], any of two or more joint owners of a bank account may withdraw any part or all of the balance of such account during the lifetime of the other owner. It is clear that, under Connecticut law, coholders of a joint account are considered owners of the entire account . . . with access to the entire amount therein.

  2. State v. Lavigne

    307 Conn. 592 (Conn. 2012)   Cited 31 times
    Concluding that defendant did not implicitly waive instructional error claim in lengthy and complex trial when defense counsel had approximately ninety minutes to review court's proposed instructions between conclusion of testimony and beginning of charging conference

    Additionally, the defendant cites selectively to dicta, in cases that do not address directly the question of ownership of joint accounts, which suggests, inaccurately, that joint holding and joint ownership are one and the same. See United States v. First Bank, 737 F.2d 269, 270 n. 2 (2d Cir.1984) (observing, in dispute over defendant bank's compliance with tax audit summons, that “[u]nder Connecticut law, co-holders of a joint account are each considered owners of the entire account, with access to the entire amount therein”); In re Probate Appeal of Mikoshi, 124 Conn.App. 536, 540, 5 A.3d 569 (2010) (declining to reach joint ownership claim after concluding that funds validly were withdrawn and gifted); Ardito v. Olinger, 65 Conn.App. 295, 298, 782 A.2d 698 (holding that plaintiff lacked standing to contest defendant's withdrawals, pursuant to power of attorney, from joint bank accounts established by decedent father), cert. denied, 258 Conn. 942, 786 A.2d 429 (2001); Grass v. Grass, 47 Conn.App. 657, 660–61, 706 A.2d 1369 (1998) (holding that joint account never validly created). For obvious reasons, the decisions discussed in the body of this opinion, each of which addressed joint ownership as an essential holding of the case, are controlling.

  3. Fishbein v. Menchetti

    165 Conn. App. 131 (Conn. App. Ct. 2016)   Cited 2 times

    (Internal quotation marks omitted.) In re Probate Appeal of Mikoshi, 124 Conn.App. 536, 540, 5 A.3d 569 (2010) ; see also Wasniewski v. Quick & Reilly, Inc., 292 Conn. 98, 103–104, 971 A.2d 8 (2009). We note that it is the sole province of the trial court, as the trier of fact, to determine the credibility of the witnesses.

  4. Antonucci v. Antonucci

    164 Conn. App. 95 (Conn. App. Ct. 2016)   Cited 17 times
    In Marianna v. Vincent, 68 Ark. 244-248, 58 S.W. 251, we said: "The mayor, having once obtained jurisdiction, the case should not have been subsequently dismissed for want of jurisdiction by the circuit court, merely on mistake of law made by the mayor, or for any other irregularity, but it should have proceeded to try the case de novo and rendered such judgment as was proper therein."

    (Internal quotation marks omitted.) In re Probate Appeal of Mikoshi, 124 Conn.App. 536, 540, 5 A.3d 569 (2010). Sandolo, as the grantor, also promised to pay any gift taxes due, if any, in connection with the transaction.

  5. Paiva v. Paiva

    No. CV166033764S (Conn. Super. Ct. Jan. 11, 2018)

    " A gift is the transfer of property without consideration ... To make a valid gift inter vivos, the donor must part with control of the property which is the subject of the gift with an intent that title shall pass immediately and irrevocably to the donee ..." (Internal quotation marks omitted.) In re Probate Appeal of Mikoshi, 124 Conn.App. 536, 540, 5 A.3d 569 (2010). " While it is true that the law presumes a donative intent when the grantee is the natural object of the grantor’s bounty, that presumption is rebuttable."