DEWEY, JUDGE.
The plaintiffs, Jeffrey and John Scinto, appealed from a decision of the Probate Court for the district of Trumbull. The appellee, Shirley Scinto, filed a Notice of Filing of Transcript.
Generally, "[a]n appeal from probate is not so much an `appeal' as a trial de novo with the Superior Court sitting as a Probate Court and is restricted by a Probate Court's jurisdictional limits." Gardner v. Balboni, 218 Conn. 220, 225, 588 A.2d 634 (1991). Although the appellee wishes to rely on the testimony elicited at the original hearing, the appellants are not so constricted, since there was no prior agreement between the parties that the hearing record would be utilized on appeal.
Connecticut General Statutes § 45a-186 provides in relevant part
(a) Any person aggrieved by any order, denial or decree of a court of probate in any matter, unless otherwise specially provided by law, may appeal therefrom to the Superior Court in accordance with subsection (b) of this section . . . Appeals from any decision rendered in any case after a record is made under sections 51-72 and 51-73 shall be on the record and shall not be a trial de novo.
This court is limited to review of the probate transcript only in those situations recognized by statute. Andrews v. Gorby, 237 Conn. 12, 15, 675 A.2d 449, 675 A.2d 449 (1996). Connecticut General Statutes § 51-72 provides that the parties to the probate proceeding must agree in writing to the creation of such a record. Here the appellants do not agree that the record of the hearing was to be used on an appeal. "Accordingly, this matter is to be considered de novo. Tooker v. Carifa, No. CV00-0502800, Judicial District of New Britain at New Britain. (July 16, 2001) CT Page 13637 (Shapiro, J.) See also Goodman v. Bank of Boston Connecticut, 27 Conn. App. 333, 344, 606 A.2d 994 (1992).
The appellant's objection is sustained.
DEWEY, JUDGE.