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Constitutional Law Keyed to Choper
Calder v. Bull
Citation:
3 U.S. 386 (1798)Facts
In 1793, the Court of Probate for Hartford rejected the will of Norman Morrison (grandson), which would have benefited Bull and wife. This decision effectively granted inheritance rights to Calder and wife as heirs of Norman Morrison (physician). After the statutory period for appeal had expired (18 months), the Connecticut legislature passed a resolution in May 1795 that set aside the probate court’s decree and granted a new hearing. At this new hearing, the probate court approved the will, a decision that was subsequently affirmed by both the Superior Court and the Supreme Court of Errors of Connecticut. Calder and wife then challenged the constitutionality of the legislative resolution, arguing that it was an ex post facto law prohibited by the U.S. Constitution because it retroactively divested them of property rights that had vested through the original probate court decision.
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