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Reid v. Warden

Connecticut Superior Court, Judicial District of New London at New London
Apr 16, 2004
2004 Ct. Sup. 6378 (Conn. Super. Ct. 2004)

Summary

In Reid v. Corrigan, 143 Ill. 402, a legacy was given to the testator's niece, followed by a devise of the residue of the estate; it was held that the legacy was a charge upon and payable out of the residuary devise.

Summary of this case from Schloesser v. Schloesser

Opinion

No. 564832

April 16, 2004


MEMORANDUM OF DECISION


By his petition filed January 29, 2003, petitioner seeks a writ of habeas corpus. In the petition, petitioner alleges that he is in the custody of respondent serving a sentence at Corrigan C.I. and is being denied outside exercise and gym activities.

As of April 5, 2004, petitioner has been transferred to Garner C.I.

On April 16, respondent moved to dismiss the petition pursuant to Connecticut Practice Book Section 23-29, claiming that the petition is now moot.

The motion to dismiss has raised an issue concerning the subject matter jurisdiction of the Court. Whenever a question of subject matter jurisdiction is raised, it must be addressed.

In this case, if all of the allegations of the petition were proven, the only relief which could be afforded petitioner would involve conditions of confinement at Corrigan C.I. Since petitioner is no longer confined at that institution, the petition fails to state a claim upon which habeas corpus relief can be granted.

Accordingly, the motion to dismiss is granted.

Joseph J. Purtill Judge Trial Referee


Summaries of

Reid v. Warden

Connecticut Superior Court, Judicial District of New London at New London
Apr 16, 2004
2004 Ct. Sup. 6378 (Conn. Super. Ct. 2004)

In Reid v. Corrigan, 143 Ill. 402, a legacy was given to the testator's niece, followed by a devise of the residue of the estate; it was held that the legacy was a charge upon and payable out of the residuary devise.

Summary of this case from Schloesser v. Schloesser

In Reid v. Corrigan, 143 Ill. 402, it was held that where a testator expressly disposed of all his personalty in the first paragraph of his will, a residuary devise of real estate was subject to the payment of a pecuniary legacy made in the second paragraph of the will.

Summary of this case from Suiter v. Suiter

In Reid v. Corrigan, 143 Ill. 402, a legacy was given to the testator's niece, followed by a devise of the residue of the estate; it was held that the legacy was a charge upon and payable out of the residuary devise.

Summary of this case from Moody Bible Institute v. Pettibone
Case details for

Reid v. Warden

Case Details

Full title:ROBERT REID v. WARDEN, CORRIGAN CORRECTIONAL INSTITUTE

Court:Connecticut Superior Court, Judicial District of New London at New London

Date published: Apr 16, 2004

Citations

2004 Ct. Sup. 6378 (Conn. Super. Ct. 2004)

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