IN RE: Palmer et al. v. Appeal From Probate (2012)

MEMORANDUM OF DECISION

The appellants' Linda Palmer, Executrix, John Palmer and Diane Palmer appeal from a decision of the Probate Court for the District of Bridgeport (Hall, J. sitting by designation).

The Probate Court approved the award of $2,627.50 to Bruce Gordon for services rendered as temporary administrator of the Estate of Irene Pawelczyk, deceased.   On November 21, 2007 the appellants filed a timely appeal.   To find that the proceedings both before the Probate Court and in the Superior Court have been contentious is an understatement.

Appellant's complain in their appeal that the award of fees to Mr. Gordon was excessive.   The Probate Court held a hearing and made a determination of fees.   The Palmer's claim that Gordon failed to fulfill his duties pursuant to statute and that his activities were beyond the scope of his duties as temporary administrator and that the Probate Court lacked the authority and jurisdiction to grant him any fees.

Gordon claims that since an appeal was taken from the decision of the Probate Judge that he is entitled to a greater amount than what was eventually ordered by the Probate Court but has submitted no authority to support this claim.   The Palmer's, in addition to the claim of lack of jurisdiction, claim that the fees ordered by the Probate Court were not only unwarranted but excessive.

The Court finds that the appellant's have failed to meet their burden of proof and sustains the Probate Court's finding.

Judgment shall enter for the appellee, Gordon in the amount of $2,627.00 in addition to interest from the date of judgment of the Probate Court i.e. October 25, 2007, as well as taxable costs.

By the Court,

OWENS, J.T.R.

Owens, Howard T., J.T.R.