Probate judge: Caprilands widower must pay $28K in back rent

A probate judge on Thursday issued several rulings regarding the once acclaimed Caprilands Herb Farm in Coventry, including ordering the widower of the farm’s creator to pay $28,000 to the court-appointed administrator of the estate for his use and occupancy of the farm since his life tenancy there was terminated in May.

Probate Judge John J. McGrath Jr. issued his written decree containing the rulings a day after hearing arguments on Caprilands matters from Edward W. Cook, 81, widower of Caprilands creator Adelma Grenier Simmons, and George M. Purtill, the court-appointed administrator of the estate.

The arguments centered on Cook’s use and occupancy of the farm and a final financial accounting related to the farm. The arguments were heard in Tolland-Mansfield Probate Court at Tolland Town Hall.

McGrath, who serves as probate judge in Windham, took over the Caprilands matter after Tolland-Mansfield Probate Judge Claire Twerdy’s mandatory retirement in July 2014. He has continued to oversee the case since then.

The former Caprilands Herb Farm, located at 534 Silver St., and Simmons’ estate has been locked in a probate battle since Simmons died in 1997.

On Wednesday, Purtill submitted into evidence a memo from Coventry Assessor Michael J. D’Amicol, who wrote to Purtill and Eric Trott, Coventry’s director of planning and development, that the estimated monthly rental of the property would be in the range of $3,500.

Purtill argued that because McGrath revoked Cook’s life tenancy on the farm on May 8 but Cook wasn’t evicted from the property until Jan. 7, he should be charged for his use and occupancy of the property for that time period.

Cook called the monthly $3,500 rental fee “outrageous” and argued it would take at least a decade to find someone willing to pay that much to rent the property at that rate.

McGrath also ordered that the law firm of O’Connell, Flaherty and Attmore LLC in Hartford, which once represented Cook before he started representing himself, be contacted regarding Caprilands’ final financial report while under Cook’s supervision.

Cook had been executor of his late wife’s estate until September 2017 when McGrath removed him from that role and appointed Purtil1.

Lawyer Gary Attmore had represented Cook in Caprilands matters until he died on May 3.

Cook has been in contempt of court since June for failing to file a final financial report for his activities as executor of the estate. Cook said in court Wednesday that the report was mostly finished and in the possession of the law firm that formerly represented him.

“The firm has not filed an appearance to the court,” McGrath told Cook. “Attorney Attmore died. He’s not involved in the case anymore. No other attorney has filed an appearance saying they will represent you. You’ve got to put the report together.”

Purtill said that if the final financial report is not forthcoming from Cook, he would hire a forensic accountant to find the financial records and prepare a report.

McGrath also ordered in his decree that the $1,000-a-day contempt penalties Cook owes from refusing to let inspectors into the Caprilands farmhouse be given to the Simmons estate, which is administrated by Purtill.

McGrath held Cook in contempt of court and issued the penalty on Dec. 28, 2017, and Cook has accrued the $1,000-a-day penalty up until Jan. 7 when Coventry Fire Marshal Bud Meyers was finally able to inspect the farmhouse, bringing the total in contempt penalties against Cook to $375,000.

Cook told McGrath that he was never in contempt of court and that the only person who ever asked to inspect the house was Trott, whom he felt didn’t have a right to do so.

Purtill and McGrath both told Cook that they also requested to inspect the house and that he refused.

“I issued that because I remember looking you right in the eyes and saying, ‘Are you willing to allow this?’ and you looking me right back and saying, ‘no,’” McGrath told Cook. “That’s contempt of court.”

In his decree, McGrath also ruled that Purtill can proceed with removing debris and personal property from the farm according to a plan Purtill recommended in court on Wednesday.

Purtill recommended that Cook make a list of all his possessions on the property and if Purtill has any argument against what Cook claims as his, the court could determine the legitimacy of Cook’s claim.

Purtill also said he would like to give Simmons’ grandchildren the opportunity to come into the farmhouse and claim any personal memorabilia that they would like to keep, such as family photographs and the family bible.

McGrath, in allowing Purtill to go forward with his plan, added that the state has an active interest in the farm’s potential value as a charitable entity and that the attorney general’s office must be consulted before the destruction or distribution of any property belonging to the estate.

Lastly, McGrath ordered that Cook turn over to Purtill within 15 days any material he may have that’s related to intangible or intellectual property relating to Caprilands or Simmons.

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Probate judge: Caprilands widower must pay $28K in back rent