Connecticut § 52-404 - Accounting between coexecutors and cotenants.
Full text of Connecticut Connecticut General Statutes § 52-404 — Accounting between coexecutors and cotenants., with citation guidance and answers to common questions.
§ 52-404. Accounting between coexecutors and cotenants.
Sec. 52-404. Accounting between coexecutors and cotenants. (a) A residuary legatee, when all or any part of his legacy is withheld from him by an executor, may bring an action for an accounting against the executor for the recovery thereof. An executor, who is also residuary legatee, when all or any part of his legacy is withheld from him by his coexecutor, may bring an action for an accounting against his coexecutor for the recovery thereof.
(b) When two or more persons hold property as joint tenants, tenants in common or coparceners, if one of them occupies, receives, uses or takes benefit of the property in greater proportion than the amount of his interest in the property, any other party and his executors or administrators may bring an action for an accounting or for use and occupation against such person and recover such sum or value as is in excess of his proportion.
(1949 Rev., S. 8148; P.A. 82-160, S. 146.)
History: P.A. 82-160 replaced “estate” with “property”, rephrased the section and inserted Subsec. indicators.
Account does not lie between executors, merely as such; 5 C. 26; nor between cotenants, where there are more than two. 16 C. 341. Cited. 25 C. 148. Tenant making necessary repairs may recover of his cotenants their share of the expense. 50 C. 256. In determining the “due proportion” of each cotenant, all equities are to be considered. 82 C. 425. Cited. 110 C. 656. At common law, cotenant in possession was not accountable to cotenant for anything received from common estate. 118 C. 17. Cited. 222 C. 150.
Cited. 5 CA 457; 14 CA 402.
Source: official Connecticut text · Last verified 2026-08-27
Frequently Asked Questions About Connecticut § 52-404
What does Connecticut General Statutes § 52-404 cover?
Section 52-404 ("Accounting between coexecutors and cotenants.") is part of the Connecticut General Statutes, the codified statutory law of Connecticut. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Connecticut § 52-404?
A common citation format is "Connecticut General Statutes § 52-404" (Connecticut). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Connecticut law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Connecticut official source linked on this page or consult a licensed Connecticut attorney.
How does Connecticut § 52-404 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Connecticut can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
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