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JEFFREY NAIER ET AL. v. ROZ-LYNN BECKENSTEIN ET AL. (AC 30148)
Lavine, Beach and Pellegrino, Js.

Argued February 10--officially released September 27, 2011

(Appeal from Superior Court, judicial district of Hartford, McWeeny, J.) David A. Lavenburg, for the appellants (plaintiffs). Michael P. Berman, with whom was Suzanne LaPlante, for the appellee (named defendant). Jeffrey J. Mirman, for the appellee (defendant Arthur Beckenstein).

Opinion

BEACH, J. The principal proposition presented in this appeal is whether a beneficiary of a trust has standing to maintain an action claiming impropriety on the part of a third party who settled a prior case with the trustee. On the facts presented in this matter, we hold that the beneficiary does not have such standing. The plaintiffs, Jeffrey Naier and Andrea Naier, both individually and in their capacities as co-trustees of the Eleanor Naier revocable trust, appeal from the judgment of the trial court dismissing their complaint against the defendants, Roz-Lynn Beckenstein, individually and in her capacity as executrix of the estate of Robert Beckenstein and co-trustee of the Robert Beckenstein amended and restarted trust; Seymour Flaster, trustee; and Arthur Beckenstein, individually and in his capacity as trustee of the Henry Beckenstein trust. The plaintiffs claim that the court erred in dismissing their complaint for lack of standing.1 We affirm the judgment of the trial court. The record reveals the following relevant factual allegations and procedural history. Henry Beckenstein and his brother, Louis Beckenstein, were equal partners in certain real estate projects, including Tolland Enterprises and Wintonbury Associates (partnerships). Upon the death of Louis Beckenstein, his interest in the partnerships devolved to a trust. His wife, Rose Beckenstein, held a power of appointment giving her discretion to direct assets, and the Hartford National Bank & Trust Company was trustee. In October, 1983, Rose Beckenstein created a trust agreement (Rose trust). The Rose trust stated that after the death of Rose Beckenstein, Rose Beckenstein's and Louis Beckenstein's daughter, Eleanor (Beckenstein) Naier, would have the power to appoint or to distribute for the benefit of Eleanor Naier's children any part of the principal of the trust estate ``except closely held business interests . . . .''2 The Rose trust further provided that the trustee was authorized to retain any business interest3 in the trust estate. Following the death of Rose Beckenstein in January, 1985, the Rose trust became irrevocable, and Henry Beckenstein and the Rose trust each held a 50 percent interest in the partnerships. In 1996, following the death of Henry Beckenstein and his wife, their two sons, Robert Beckenstein and Arthur Beckenstein, became co-executors of Henry Beckenstein's estate. At this time, then, the Rose trust and the estate of Henry Beckenstein each held a 50 percent interest in the partnerships. In 1997, Eleanor Naier and her two children, Jeffrey Naier and Andrea Naier, commenced an action alleging a breach of fiduciary duty and violation of the Connecticut Unfair Trade Practices Act (CUTPA), General Stat-

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Connecticut Law