Legal Opinion · Dissent

Hart v. Roberts

Supreme Court of Connecticut

Decided June 12, 1907Published

Application by a testamentary trustee for authority to sell and convey certain real estate for a stated sum, and to invest the proceeds, brought to and reserved by the Superior Court in Hartford County, George W. Wheeler, J., upon a finding of certain facts, for the advice of this court as to the. power of the trial court.

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Application by a testamentary trustee for authority to sell and convey certain real estate for a stated sum, and to invest the proceeds, brought to and reserved by the Superior Court in Hartford County, George W. Wheeler, J., upon a finding of certain facts, for the advice of this court as to the. power of the trial court. The complaint alleged, and the answers of all parties, admitted, the following facts: May 22d, 1898, William W. Roberts of Hartford died, testate, owning certain real estate in the city of Hartford described in the complaint. At his decease he left as his heirs at law and…

1DissentBaldwin, C. J.

Whether the advice asked for in this case by the Superior Court ought to be given, depends upon the true meaning of General Statutes, § 751, by which the General Assembly has exercised the authority committed to it by the Constitution (Art. V, § 1) to define by law the powers and jurisdiction of all courts, subject only to what may be implied from the names of the two courts which the Constitution itself recognizes and establishes.

In the summary of our judicial establishment prefixed to the first volume of the Connecticut Reports, after describing the practice which had grown up of reserving…

2Cases cited16 opinions

  1. United States v. WaddellSupreme Court of the United States · 1884
  2. State Ex Rel. Morris v. BulkeleySupreme Court of Connecticut · 1892
  3. McGovern v. MitchellSupreme Court of Connecticut · 1906
  4. State v. FeingoldSupreme Court of Connecticut · 1904
  5. Boothe v. ArmstrongSupreme Court of Connecticut · 1904

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