Wilmington Trust Co. v. Baldwin

Rodney, J.,

delivering the opinion of the Court:

1. Is the statute (Section 3867, Revised Code 1935) unconstitutional in that it purports to confer upon the Register of Wills a judicial power not authorized by the Constitution? The answer to the question is difficult and a satisfactory conclusion may only be reached at the expense of desirable brevity.

The only applicable provisions of the present Constitution (1897) are Article 4, §§ 33 and 34, as follows:

“Section 33. The Registers of Wills of the several counties shall respectively hold the Register’s Court in each county. Upon the litigation…