(a) Any person, acting as a fiduciary as defined by section 45a-199 or in any other fiduciary capacity, who in good faith makes payments or delivers property or estate pursuant to the order of the court of probate having jurisdiction before an appeal has been taken from such order, shall not be liable for the money so paid, or the property so delivered, even if the order under which such payment or delivery has been made is later reversed, vacated or set aside.

(b) This section shall not prevent a recovery of such money or property by the person entitled to it from any person receiving it or in possession of it.

(1949 Rev., S. 6829; P.A. 80-476, S. 185.)

History: P.A. 80-476 divided section into Subsecs. and rephrased provisions, substituting “fiduciary” for “executive, administrator, conservator, guardian or trustee”, but made no substantive change; Sec. 45-21 transferred to Sec. 45a-202 in 1991.

Annotations to former section 45-21:

Trustee paying fund under order of court protected. 82 C. 558. Conclusion as to good faith is a conclusion of fact. 90 C. 566. Payment of balance for distribution stated in account accepted by court, where no return of distribution was made, held not a payment “under or pursuant” to an order of Probate Court. 120 C. 183. Cited. 138 C. 17.

Executrix overpaid herself as legatee and contended that allowance of those accounts by Probate Court after hearing with notice rendered res judicata her right to the payments; held that she could not, consistently with her fiduciary obligations as executrix, invoke res judicata to produce so inequitable a result. 150 C. 106.