REPORTS OF CASES

DECIDED IN THE

COURT OF PROBATE

AND IN

THE COURT FOR

Divorce and Matrimonial Causes.

WITH TABLES OF THE NAMES OF CASES, AND

INDEXES TO THE PRINCIPAL MATTERS.

BY

M. C. MERTTINS SWABEY, D.C.L.,

ADVOCATE IN DOCTORS' COMMONS, AND OF RAY'S INN, BARRISTER-AT-LAW,

AND

THOMAS HUTCHINSON TRISTRAM, D.C.L.,

ADVOCATE IN DOCTORS' COMMONS, AND OF THE INNER TEMPLE.

VOLUME I.

FROM HIL. T. 1858 TO HIL. VAC. 1860.

LONDON:

BUTTERWORTHS, FLEET STREET,

Law Publishers to the Queen's Most Excellent Majesty.

HODGES, SMITH AND CO., GRAFTON STREET, DUBLIN.

1860.

LIBRARY OF THE

LELAND STANFORD, JR., UNIVERSITY
LAW DEPARTMENT.

58,389

PRINTED BY

JOHN EDWARD TAYLOR, LITTLE QUEEN STREET,
LINCOLN'S INN FIELDS.

TABLE OF CASES
OF CASES REPORTED.

IN THE COURT OF PROBATE.

Page

ALMOSNINO, ANN, in the Goods of.

Executed and unexecuted Testamentary Papers.--Parol Evi-

dence. .

508

AXFORD, CHARLES, in the Goods of.

Blind Testator.-Proof of Knowledge of Contents of Will.
Limited Grant to Executor of Party beneficially interested 540

Proof of Execution of Will.-Examination of one Attest-

ing Witness sufficient.

148

BEDWELL, FREDERICK, in the Goods of.

Transference of Jurisdiction.-Affidavit.-Practice

BELL, JANE, in the Goods of.

15

Administration.-Wife's Next of Kin.-Renunciation of

Husband's personal Representative .

288

BIANCHI, LUIS, in the Goods of.

Administration of the Effects of a domiciled Brazilian to an
Attorney for that purpose duly appointed.

BISHOP, HENRY, in the Goods of.

Administration.-Presumption of Death at Sea.-Lapse of

time insufficient

BRAINE v. BRAINE AND BRAINE.

Taxation of Costs.-20 & 21 Vict. c. 77, s. 29.-Number of

Counsel allowed.-Discretion of Registrar.-Costs of Ap-

plication.

BROWN, WILLIAM, in the Goods of.

511

303

. 271

Prior and second Will.-Revocation.-Parol Evidence . . 32

Revocation.-Lost Letters of Administration.-Undertaking 111

CHARLTON v. HINDMARSH.

Attestation and Subscription of Witnesses to Will.—1 Vict.
c. 26, s. 9.

433

Administration pendente lite.-Security.-Passing Accounts.
-Payment of Debts.

519

CHATELAIN v. PONTIGNY.

Married Woman's Will.-Alleged Power.-Barnes v. Vin

cent, 5 Moore, P.C.

411

CLARKE, SUSANNAH, in the Goods of.

COOKE, HARRIET, in the Goods of.

Will.-Execution by Mark.-Wrong Name.

Administration.-Practice under 20 & 21 Vict. c. 77, s. 73. 267

COOPER, ROBERT, in the Goods of.

Executor abroad.-Administration with Will annexed to Re-
siduary Legatee

COOPER AND SPARKS v. MOSS AND MOSS.

66

22

20 & 21 Vict. c. 77, s. 38.-Place of Trial

CRISPIN v. DOGLIONI.

Security for Costs.-Plaintiff Foreigner.-Tambisco v. Pa-
cifico, 7 Ex. Rep. 816.

CRAUSE, JANE ELIZABETH, in the Goods of.

143

. 522

Administration.-Husband and Wife deceased.-Husband
next of kin .

146

CROOKENDEN v. FULLER.

Will.-Residence abroad.-Domicil of Origin.-Evidence.
-Domicil for the purpose of Succession.-Burden of
Proof..

DARKE, ELIZABETH, in the Goods of.

Corporation aggregate.-Executors.-Appointment of Syn-
dic.-Practice

Codicil.-Clerical Error by Attorney who prepared Codicil 262

DE CHATELAIN v. PONTIGNY.

Administration pendente lite to Defendant

34

DODGSON, CHRISTOPHER, in the Goods of.

Administration limited to carry on a Suit in Chancery, and
to receive a Fund the subject-matter of the Suit

Page

. . 259

D'ORLEANS, H.R.H., THE DUCHESS, in the Goods of.
Administration with Will annexed.-Foreign Grant to
Minor.-Practice

DUNN v. DUNN.

253

Absolute discretion of Judge of Court of Probate to send a Cause to a County Court having jurisdiction therein 521 EDWARDS, LOUISA, in the Goods of.

Executors of Will.-Attesting Witness dead.-Probate with
consent of Next of Kin .

EDWARDS v. PAYNE AND REEVE.

Will.-Verdict and Costs for Defendants.-Taxation thereof.
-Practice

ELMS v. ELMS.

10

276

Will.-Revocation.-Intention.-Act to carry into effect 155

ELWELL, JOHN, in the Goods of.

Diocesan Grant.-Bona notabilia without the Diocese.-20
& 21 Vict. c. 77. ss. 86, 87, 88

27

Administration.-Death of Husband and Wife.-Uncer-
tainty as to Survivorship.-Form of Oath

FARLAR V. FARLAR.

Next of Kin.-Executor.-Plea.-Costs.-Practice

FITZROY, SIR CHARLES, AUGUSTUS, KNIGHT, in the Goods of.
Execution of Power of Appointment by Will.-Subsequent
Marriage.-Revocation.-7 Wm. IV. and 1 Vict. c. 28,

8. 18

FRECKLETON, GEORGE, in the Goods of.

258

124

133

Practice.-Probate Duty.-20 & 21 Vict. c. 77, s. 87. . . 16

Will. Subscription of Attesting Witness

8

FRITH, WILLIAM, in the Goods of.

FYSON AND OTHERS v. WESTROPE AND CUTTING.

Will.-Heir-at-Law cited.-Plaintiffs and Defendants.

Costs.-20 & 21 Vict. c. 77, ss. 29, 61, 64, 85

279

GARDNER, HERBERT CALTHORPE, Esq., in the Goods of.
Will.-Probate of, as contained in Affidavit .

109