Freccia v. Freccia, 232 Conn. App. 353 (2025)

Citation: Freccia v. Freccia, 232 Conn. App. 353 (2025)
Parent Document: Freccia v. Freccia, 232 Conn. App. 353 (2025)
Jurisdiction: Connecticut (state)
Effective Date: 2025-05-06
Original Source: https://www.courtlistener.com/opinion/10513133/freccia-v-freccia/ ↗

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‘‘As to the garage, if [Frank] truly believed he had a
right to stay at the property forever without payment,
why would he execute the 2019 lease? It was not
because of duress, but because he knew he had no
continual ongoing right and his arguments that he has
a forever right to possession without compensation are
just a convenient legal theory now that the plaintiff is
seeking possession.
‘‘The defendants’ brief is correct in that the court
has struggled in reexamining the testimony on multiple
occasions and reviewing these cases frequently in con-
sidering this decision. There are certainly credibility
issues with EVERY witness that testified—the plaintiff
not exempted. When there are credibility issues, that
creates more weight in the actual written documents
and the conveyances by [the decedent], the trust and
the wills. They simply do not create life estates in the
defendants nor instruct the plaintiff to forever provide
living expenses and upkeep for the defendants. [The
decedent] could have done so, and he did not, leaving
the decision-making ability to the plaintiff. The convey-
ances were not done under duress in a hospital bed,
but years, and in one case a decade and a half, before
his death. The court is aware of the testimony regarding
the friction in the family between the plaintiff and the
defendants that may not be present in other branches
of the family. This friction existed when [the decedent]
was alive, and he had the opportunity to provide for
the defendants but chose not to.
‘‘Equitable factors are always considered by this
court. This is a long-standing family dispute. Equity
does not provide a defense to overcome the plaintiff’s
cases but shall provide a stay of execution for the defen-
dants. Final stays are entered in all matters for March
31, 2023.
‘‘The defendants also counterclaim seeking injunctive
relief against the plaintiff from proceeding herein; the
Page 12 CONNECTICUT LAW JOURNAL 0, 0

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