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 rightof
