Page:United States Reports, Volume 3.djvu/391

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386
Cases ruled and adjudged in the

1798.

Auguſt Term, 1798.



Calder et Wife, verſus Bull et Wife.

IN error from the State of Connecticut. The cauſe was argued at the laſt term, (in the abſence of the chief justice) and now the court delivered their opinions ſeriatim.

Chase, Juſtice. The deciſion of one queſtion determines (in my opinion) the preſent diſpute. I ſhall, therefore, ſtate from the record no more of the caſe, than I think neceſſary to the conſideration of that queſtion only.

The Legiſlature of Connecticut, on the 2d Thurſday of May, 1795, paſſed a reſolution or law, which, for the reasons aſſigned, ſet aſide a decree of the court of Probate for Hartford, on the 21ſt of March 1793, which decree diſapproved of the will of Normand Morriſon (the grandſon) made the 21ſt of Auguſt 1779, and refuſed to record the ſaid will; and granted a new hearing by the ſaid Court of Probate, with liberty of appeal therefrom, in ſix months. A new hearing was had, in virtue of this reſolution, or law, before the ſaid Court of Probate, who, on the 27th of July 1795, approved the ſaid will, and ordered it to be recorded. At August 1795, appeal was then had to the ſuperior court at Hartford, who at February term 1796, affirmed the decree of the Court of Probate. Appeal was had to the Supreme Court of errors of Connecticut, who in June 1796, adjudged, that there were no errors. More than 18 months elapſed from the decree of the Court of Probate (on the 1ſt of March 1793) and thereby Caleb Bull and wife were barred of all right