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2 VLR (IPM)(31 results)

Cases reported in this volume of the Victorian Reports

IN RE STEWART2 VLR (IPM) 1

MOLESWORTH, J.·10 Feb 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Order nisiSubstituted service — Time for notice of objections, not specified.

IN RE SCALLAN2 VLR (IPM) 2

24 Feb 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1865" (No. 273), secs. 42, 43Deceased insolvent — Composition — Application by executors for release of estate.

IN RE CUNNINGHAM2 VLR (IPM) 9

MOLESWORTH, J.·2 Mar 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), s. 138, subs. xGrant of certificate — Forbearance to oppose — Proof of debt — Refusal of certificate — Contracting debt without intention to pay — Suspension.

IN THE WILL OF CLARK2 VLR (IPM) 16

MOLESWORTH, J.·7 Feb 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Executor according to the tenorUniversal legatee — Duties to perform — Administration c. t. a.

IN RE QUINLAN2 VLR (IPM) 17

MOLESWORTH, J.·15 Mar 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), secs. 5, 6, 7, 9Death in 1860 — Administration to personal estate only — " Duties on the Estates of Deceased Persons Statute 1870 (No. 388).

IN THE WILL OF THOM2 VLR (IPM) 19

MOLESWORTH, J.·23 Mar 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration cum testamento annexo"Extracted copy of Will" — Affidavit in Scotland before Chief Magistrate — Commissioner of Supreme Court within reach.

IN RE HEADEN2 VLR (IPM) 21

MOLESWORTH, J.·30 Mar 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillValidity — Rules nisi — Issue — Trial by jury — Unsuccessful opposition — Concealment of will — Misconduct of testator — Costs out of the estate.

IN THE WILL OF PHILLIPS2 VLR (IPM) 29

MOLESWORTH, J.·3 Apr 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Executrix according to the tenorUniversal legatee — No duties to perform.

IN THE WILL OF WILSMORE2 VLR (IPM) 30

FELLOWS and STEPHEN, JJ.·13 May 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Duties on the Estates of Deceased Persons Statute 1870" (No. 388), secs. 8, 12, 24Master in Equity — Mandamus — Form of procedure — Will — Contingency — Duty payable.

IN RE CLEMES AND LEACH2 VLR (IPM) 37

MOLESWORTH, J.·18 May 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"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.

IN RE DYTE2 VLR (IPM) 42

MOLESWORTH, J.·1 June 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 12, 135, 136Grant of certificate of discharge — Dispensation from paying seven shillings in the pound — Inconsiderate speculations of insolvent — Onus of proof — Appeal — Deposit.

IN RE STEWART2 VLR (IPM) 49

MOLESWORTH, J.·10 Feb 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Order nisiSubstituted service — Time for notice of objections, not specified.

IN RE ROWLEY2 VLR (IPM) 50

MOLESWORTH, J.·13 July 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 7, 41Sequestration — Fraud — Motion to set aside — Absconding debtor.

IN THE WILL OF MILLIN2 VLR (IPM) 58

MOLESWORTH, J.·12 June 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), sec. 25Trustees and executors — Legacies — Commission.

IN THE WILL OF NESBIT2 VLR (IPM) 61

MOLESWORTH, J.·7 July 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillRule nisi — Issue for jury — Motion for new trial — Misdirection — Revocation of mutual will — Costs.

IN RE WILLIAM TAYLOR2 VLR (IPM) 68

MOLESWORTH, J.·27 July 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ProbateIssue before jury — Costs.

IN RE BELL2 VLR (IPM) 71

MOLESWORTH, J.·8 Aug 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"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.

IN RE O’BRIEN2 VLR (IPM) 76

MOLESWORTH, J.·17 Aug 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872 (No. 427), sec. 18Grant of administration by Registrar — Undervaluation of property — Order nisi to set aside grant — Additional security.

DRUMMOND v. DRUMMOND2 VLR (IPM) 78

STAWELL, C.J.·29 July 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 62Divorce — Intention to desert — Respondent afterwards imprisoned — Expiry of two years during imprisonment.

IN RE COOPER2 VLR (IPM) 82

MOLESWORTH, J.·12 Oct 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379)Secs. 31, 39 — Order nisi — Heading of Order nisi — Informality — Insufficient recital of petition.

IN RE READE2 VLR (IPM) 83

MOLESWORTH, J.·16 Nov 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"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.

IN RE BAYLDON2 VLR (IPM) 85

MOLESWORTH, J.·22 Nov 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Insolvent lunaticConfined in asylum — Residence — Description as of his place of business.

IN THE WILL OF MILLIN2 VLR (IPM) 86

THE CHIEF JUSTICE:·25 Sept 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), sec. 25Trustees and executors — Legacies — Commission.

IN RE BELL2 VLR (IPM) 87

STAWELL, C.J.·26 Sept 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"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.

IN RE TRETHOWAN2 VLR (IPM) 93

MOLESWORTH, J.·5 Oct 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Married womanWill under power — Real estate only — Probate.

IN THE WILL OF KAY2 VLR (IPM) 94

MOLESWORTH, J.·6 Nov 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Commission to trustees and executorsLegacy — Intention of testator — Assets in England — 15 Vic., No. 10, sec. 16.

IN RE STEWART2 VLR (IPM) 97

MOLESWORTH, J.·10 Feb 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Order nisiSubstituted service — Time for notice of objections, not specified.

IN THE WILL OF BARRETT2 VLR (IPM) 98

MOLESWORTH, J.·11 Dec 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Wills Statute 1864" (No. 222), ss. 18, 19Revocation of codicil — Cancellation — Memorandum by witnesses of testator's intention to revoke.

IN THE WILL OF SMITH2 VLR (IPM) 100

MOLESWORTH, J.·13 Dec 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Two willsReference to each other — Grant of probate to one in absence of the other.

KERR v. KERR2 VLR (IPM) 101

The Court, upon the facts, made a decree for dissolution of the marriage.·16 Dec 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Marriage and Matrimonial Causes Statute 1864 (No. 268), secs. 64, 97, 98Judges's order dispensing with co-respondent not conclusive — Proof of service on respondent who appears.

FISHER v. FISHER2 VLR (IPM) 102

THE CHIEF JUSTICE:·18 Dec 1876·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Marriage and Matrimonial Causes Statute 1864" (No. 268), secs. 64, 67, 69Amending petition by inserting name of co-respondent — Issues, statement of time and place — New trial — Satisfaction of Court.