(a) In any action upon a bond taken in a court of probate, not brought by a representative of the estate in connection with which the bond was given or by some person in his own behalf and that of all other persons interested in the estate, the plaintiff shall state in his complaint or reply, (1) the persons for whose special benefit the action is prosecuted, (2) how such persons are interested in the action, and (3) how the act or neglect of the defendant has injured their rights or affected their interests.
(b) The judgment rendered in any such action shall not, in any future proceedings, by scire facias or otherwise, bar or conclude the rights of other persons interested in the bond.
(1949 Rev., S. 7839; P.A. 82-160, S. 48.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 45a-144 re action on probate bond by aggrieved person.
See Sec. 52-74 re action on foreign probate bond.
Amount of recovery is limited to possible right of person for whose special benefit action is brought. 120 C. 346.
Structure Connecticut General Statutes
Section 52-91. - Pleadings; contents of complaint.
Section 52-91a. (Formerly Sec. 52-38). - Foreclosure. Redemption. Matter in demand.
Section 52-92. - Demurrers to be specific.
Section 52-97. - Union of legal and equitable causes of action; limitation.
Section 52-98. - Pleadings to allege the material facts in concise form.
Section 52-99. - Untrue allegations or denials; costs.
Section 52-100. - Motions to expunge or correct pleadings.
Section 52-101. - Joinder of interested persons as plaintiffs.
Section 52-102. - Joinder of persons with interest adverse to plaintiff and of necessary persons.
Section 52-102b. - Addition of person as defendant for apportionment of liability purposes.
Section 52-103. - Citation of new parties by judge.
Section 52-104. - Joinder of plaintiffs and consolidation of causes.
Section 52-105. - Numerous parties may be represented by one.
Section 52-106. - Executor, administrator or trustee of express trust may sue or be sued alone.
Section 52-107. - Additional parties may be summoned in.
Section 52-108. - Nonjoinder and misjoinder of parties.
Section 52-109. - Substituted plaintiff.
Section 52-110. - Summoning in of third parties by defendant who counterclaims.
Section 52-111. - Effect of change of parties.
Section 52-112. - Insertion of names of partners in process in action by or against a partnership.
Section 52-113. - Common counts; bill of particulars.
Section 52-114. - Pleading of contributory negligence.
Section 52-115. - Pleading charters.
Section 52-117. - Action on probate bond.
Section 52-118. - Action by assignee of chose in action.
Section 52-119. - Pleading to be according to rules and orders of court.
Section 52-120. - Pleading filed by consent after expiration of time.
Section 52-122. - Procedure in certain actions not changed.
Section 52-123. - Circumstantial defects not to abate pleadings.
Section 52-126. - Action not abated on account of marriage.
Section 52-127. - Process not to be drawn or filled out by officer.
Section 52-128. - Amendment of pleadings by plaintiff; costs.
Section 52-129. - Amendment of pleadings in appeals from justices.
Section 52-130. - Amendment of defects, mistakes or informalities.
Section 52-131. - Amendment of claim against estate of insolvent debtor or deceased person.
Section 52-135. - Amendment of pleadings after default or demurrer overruled; costs.
Section 52-136. - Amendment from contract to tort and vice versa.
Section 52-137. - Amendment changing the relief sought.
Section 52-138. - Amendment calling for legal relief; jury trial.
Section 52-139. - Set-off of mutual debts; procedure.
Section 52-140. - Set-off by defendant in suit by assignee.