IN RE STEWART2 VLR (IPM) 1
Order nisi — Substituted service — Time for notice of objections, not specified.
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Cases reported in this volume of the Victorian Reports
Order nisi — Substituted service — Time for notice of objections, not specified.
"Insolvency Statute 1865" (No. 273), secs. 42, 43 — Deceased insolvent — Composition — Application by executors for release of estate.
"Insolvency Statute 1871" (No. 379), s. 138, subs. x — Grant of certificate — Forbearance to oppose — Proof of debt — Refusal of certificate — Contracting debt without intention to pay — Suspension.
Executor according to the tenor — Universal legatee — Duties to perform — Administration c. t. a.
"The Administration Act 1872" (No. 427), secs. 5, 6, 7, 9 — Death in 1860 — Administration to personal estate only — " Duties on the Estates of Deceased Persons Statute 1870 (No. 388).
Administration cum testamento annexo — "Extracted copy of Will" — Affidavit in Scotland before Chief Magistrate — Commissioner of Supreme Court within reach.
Will — Validity — Rules nisi — Issue — Trial by jury — Unsuccessful opposition — Concealment of will — Misconduct of testator — Costs out of the estate.
Executrix according to the tenor — Universal legatee — No duties to perform.
"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), secs. 8, 12, 24 — Master in Equity — Mandamus — Form of procedure — Will — Contingency — Duty payable.
"The Insolvency Statute 1871" (No. 379), sec. 37, subsec. ix. — Order nisi — Notice — Meeting of creditors — Right of secured creditors to be present — Act of insolvency.
"The Insolvency Statute 1871" (No. 379), secs. 12, 135, 136 — Grant of certificate of discharge — Dispensation from paying seven shillings in the pound — Inconsiderate speculations of insolvent — Onus of proof — Appeal — Deposit.
Order nisi — Substituted service — Time for notice of objections, not specified.
"The Insolvency Statute 1871" (No. 379), secs. 7, 41 — Sequestration — Fraud — Motion to set aside — Absconding debtor.
"The Administration Act 1872" (No. 427), sec. 25 — Trustees and executors — Legacies — Commission.
Will — Rule nisi — Issue for jury — Motion for new trial — Misdirection — Revocation of mutual will — Costs.
Probate — Issue before jury — Costs.
"Duties on the Estates of Deceased Persons Statute 1870" (No. 388) — Amending Act No. 523 — Death before commencement — Grant of probate after — Rules of construction — Amount of duty.
"The Administration Act 1872 (No. 427), sec. 18 — Grant of administration by Registrar — Undervaluation of property — Order nisi to set aside grant — Additional security.
"Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 62 — Divorce — Intention to desert — Respondent afterwards imprisoned — Expiry of two years during imprisonment.
"Insolvency Statute 1871" (No. 379) — Secs. 31, 39 — Order nisi — Heading of Order nisi — Informality — Insufficient recital of petition.
"Insolvency Statute 1871" (No. 379) — Secs. 31, 37, 45 — Misstatement of date of act of insolvency — Clerical error, omission of word "within" — Notice of objection — Amendment.
Insolvent lunatic — Confined in asylum — Residence — Description as of his place of business.
"The Administration Act 1872" (No. 427), sec. 25 — Trustees and executors — Legacies — Commission.
"Duties on the Estates of Deceased Persons' Statute 1870" (No. 388) — Amending Act (No. 523) — Death before commencement — Grant of probate after — Amount of duty.
Married woman — Will under power — Real estate only — Probate.
Commission to trustees and executors — Legacy — Intention of testator — Assets in England — 15 Vic., No. 10, sec. 16.
Order nisi — Substituted service — Time for notice of objections, not specified.
"The Wills Statute 1864" (No. 222), ss. 18, 19 — Revocation of codicil — Cancellation — Memorandum by witnesses of testator's intention to revoke.
Two wills — Reference to each other — Grant of probate to one in absence of the other.
"Marriage and Matrimonial Causes Statute 1864 (No. 268), secs. 64, 97, 98 — Judges's order dispensing with co-respondent not conclusive — Proof of service on respondent who appears.
"Marriage and Matrimonial Causes Statute 1864" (No. 268), secs. 64, 67, 69 — Amending petition by inserting name of co-respondent — Issues, statement of time and place — New trial — Satisfaction of Court.