Palmer v. Reeves
Decision Date | 05 November 1935 |
Citation | 120 Conn. 405,182 A. 138 |
Court | Connecticut Supreme Court |
Parties | PALMER v. REEVES et al. |
appeal from Superior Court, New London County; John Richards Booth Judge.
Suit by Robert Byron Palmer against William H. Reeves and others administrators of the estate of Louisa T. Palmer, deceased. From an order and decree of distribution by the Court of Probate, plaintiff appealed to the Superior Court where defendants filed a plea to the jurisdiction. Motion to strike out the plea was denied, and, on trial to the court of the issues upon the plea, judgment was entered dismissing the appeal, and plaintiff appeals to the Supreme Court of Errors.
No error.
Opinion on pleas to jurisdiction which were overruled.[1]
Robert J. Woodruff, Arthur Klein, and Thomas R. Robinson, all of New Haven, for appellant.
Frank L. McGuire and Francis F. McGuire, both of New London, for appellees.
Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY JJ.
This is an appeal from certain orders of the court of probate allowing the final account of the estate of Louisa T. Palmer and making distribution of the property comprising it. In the appeal the plaintiff alleged that he is a grandson of the deceased and an heir-at-law and legatee of her estate, and that he was aggrieved by the orders. In the superior court the defendants filed a plea to the jurisdiction in which they denied that the plaintiff was a grandson of the deceased, and affirmatively stated his alleged true parentage, and further pleaded that he was not aggrieved by the orders referred to in the appeal. The trial court denied a motion to strike out this plea, the plaintiff answered it with a general denial, and the issue of the true parentage of the plaintiff was tried. From a judgment sustaining the plea the plaintiff has appealed; the substantial ground alleged being that the issue whether or not he was a grandson of the deceased, and so an heir-at-law and legatee, could not properly be raised upon a plea to the jurisdiction.
Courts of probate are strictly statutory tribunals exercising only such powers as are conferred upon them by statute, and having jurisdiction only when the facts upon the existence of which the Legislature has conditioned their exercise of power exist. Stiles' appeal, 41 Conn. 329, 330; Coe's appeal, 64 Conn. 352, 360, 30 A. 140; Beach's appeal, 76 Conn. 118, 122, 55 A. 596; Massey v. Foote, 92 Conn. 25, 26, 101 A. 499. Thus, unless the deceased died a resident of the district, the court of probate is without jurisdiction to administer his estate, Whitehead v. Roberts, 86 Conn. 351, 354, 85 A. 538, Ann.Cas.1914A, 134; and unless a parent as the natural guardian of a child has first been removed, the court of probate is without jurisdiction to appoint another as guardian. Lewis v. Klingberg, 100 Conn. 201, 123 A. 4. The superior court in acting upon an appeal from probate is itself acting as a court of probate; it has the same powers and is subject to the same limitations. Mallory's appeal, 62 Conn. 218, 223, 25 A. 109; Mack's appeal, 71 Conn. 122, 132, 41 A. 242; Wilson v. Warner, 84 Conn. 560, 564, 80 A. 718. It is not exercising the judicial powers vested in it by the Constitution, but is exercising a special and limited jurisdiction conferred upon it by the statutes. Slattery v. Woodin, 90 Conn. 48, 51, 96 A. 178; Livingston's appeal, 63 Conn. 68, 74, 26 A. 470. Unless those conditions which the statutes have designated as essential to the exercise of its powers upon such an appeal are complied with, the superior court is without jurisdiction to act upon it. Orcutt's appeal, 61 Conn. 378, 382, 24 A. 276; Fuller v. Marvin, 107 Conn. 354, 357, 140 A. 731. The cases last cited establish that one of the essentials of a valid appeal is the fact that the appellant is aggrieved by the order appealed from. As the judgment of the court upon an appeal attempted to be taken by one not aggrieved would be void and ineffective, the court may properly refuse to proceed further with the matter when the question of its jurisdiction has been raised, until that issue is determined. Olmstead's appeal, 43 Conn. 110, 112; Gill v. Bromley, 107 Conn. 281, 285, 140 A. 721.
In Olmstead's appeal, supra, one reason of appeal assigned was that the deceased died a resident of another probate district than that of the court in which was rendered the decree from which the appeal was taken. The trial court rejected the evidence offered in support of that reason, and this was held to be erroneous. The majority opinion contains this statement (43 Conn. 110, page 114: The court then went on to say: Carpenter, J., in his dissent, said (43 Conn. 123, page 124): ...
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In re Michaela Lee R., (SC 16122)
...of their power.... Castro v. Viera, 207 Conn. 420, 428, 541 A.2d 1216 (1988); Killen v. Klebanoff, [supra, 115]; Palmer v. Reeves, 120 Conn. 405, 408-409, 182 A. 138 (1935). [A] court which exercises a limited and statutory jurisdiction is without jurisdiction to act unless it does so under......
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...implied in order to carry out its statutory powers. Prince v. Sheffield, 158 Conn. 286, 293–94, 259 A.2d 621 (1969); Palmer v. Reeves, 120 Conn. 405, 408, 182 A. 138 (1935).... The Probate Court is under an affirmative duty to protect the assets of an incompetent's estate. Marshall v. Klein......
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...v. Viera, 207 Conn. 420, 428, 541 A.2d 1216 (1988); Killen v. Klebanoff, 140 Conn. 111, 115, 98 A.2d 520 (1953); Palmer v. Reeves, 120 Conn. 405, 408-409, 182 A. 138 (1935). "`[A] court which exercises a limited and statutory jurisdiction is without jurisdiction to act unless it does so und......
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...legislature has conditioned the exercise of their power. Killen v. Klebanoff, 140 Conn. 111, 115, 98 A.2d 520 [1953]; Palmer v. Reeves, 120 Conn. 405, 408, 182 A. 138 [1935]." Heiser v. Morgan Guaranty Trust Co., supra; see In re Juvenile Appeal (85-BC), 195 Conn. 344, 366 n. 18, 488 A.2d 7......