Daniel Banks et al. v. Florence Eliza Banks et al. (2012)

MEMORANDUM OF DECISION RE PLEADINGS # 171

The court finds that almost all of the amounts provided by the plaintiffs, in this Motion for Supplemental Judgment are correct, fair and equitable, especially since the plaintiffs could have deducted costs for the defendant's use and occupancy of the premises, but chose not to.   Specifically, the court finds that the total proceeds from the sale of the property were $612,494.44 (representing the sale proceeds plus the accrued interest on the purchaser's deposit).   After deducting $78,290.77 for committee fees and expenses, the broker's commission, the appraiser's testimony and delinquent real estate taxes owed to the town of Greenwich, the remaining $534,203.67 is hereby Ordered to be distributed as follows:

a) Daniel Banks—23.675 percent or $126,472.72.  (Exhibits A & B.) 1

b) Philip Wilbur Banks—23.675 percent or $126,472.72.  (Exhibits A & B.)

c) Cassandra Banks—6.125 percent or $32,719.97.  (Exhibit B.)

d) Layla Banks—6.125 percent or $32,719.97.  (Exhibit B.)

e) Florence Banks—5.3 percent or $28,312.79.  (Exhibit A.)

f) Therese Banks—5.3 percent or $28,312.79.  (Exhibit A.)

g) Christian Mines—4.08 1/3 percent or $21,813.32.  (Exhibit B.)

h) Adam Mines—4.08 1/3 percent or $21,813.32.  (Exhibit B.)

i) Kevin Mattei—4.08 1/3 percent or $21,813.32.  (Exhibit B.)

j) Alena Banks—4.08 1/3 percent or $21,813.32.  (Exhibit B).

k) Keelin Banks—4.08 1/3 percent or $21,813.32.  (Exhibit B.)

l) Aiden Banks—4.08 1/3 percent or $21,813.32.  (Exhibit B.)

In the plaintiffs' motion for supplemental judgment, the plaintiffs also request that the court award a 5.3 percent interest in the proceeds from the sale of the subject premises to Robert Farrar.   The evidence attached to the motion for supplemental judgment does not establish that Farrar has any ownership interest in the property at issue.   Furthermore, although Farrar was named as a defendant in this matter's initial complaint, this complaint, and all subsequent complaints, do not reference him in any way.   The court's thorough examination of the file also failed to reveal the source of Farrar's interest in the property.   Although it appears as though Farrar is taking the 5.3 percent interest of the now-deceased “Lisa Marie Banks of Laurel, Maryland”;  see Exhibit A;  there is no evidence demonstrating his legal entitlement to same.   Therefore, the court cannot award Farrar any sales proceeds until it has received some evidence detailing Farrar's connection, if any, to the property.²

The Motion for Supplemental Judgment is granted in accordance with this order.

BY THE COURT

MINTZ, J.

FOOTNOTES

FN1. The exhibits attached to the plaintiffs' motion for supplemental judgment are orders of the Greenwich Probate Court.   Exhibit A is dated April 9, 1991, and Exhibit B is dated June 6, 2006.   These exhibits represent the distribution of the estates of Philip John Banks and Florence Edith Banks..  FN1. The exhibits attached to the plaintiffs' motion for supplemental judgment are orders of the Greenwich Probate Court.   Exhibit A is dated April 9, 1991, and Exhibit B is dated June 6, 2006.   These exhibits represent the distribution of the estates of Philip John Banks and Florence Edith Banks.

FN2. The Court notes that the defendant, Farrar, has filed his own Motion for Supplemental Judgment # 183.   However, this motion was not marked ready for the April 2, 2012 Short Calendar..  FN2. The Court notes that the defendant, Farrar, has filed his own Motion for Supplemental Judgment # 183.   However, this motion was not marked ready for the April 2, 2012 Short Calendar.

Mintz, Douglas C., J.