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5 VLR (IPM)(47 results)

Cases reported in this volume of the Victorian Reports

IN RE CRISP5 VLR (IPM) 1

MOLESWORTH, J.·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 5, 38Rules of Court of Insolvency, 157, 158 — Act of insolvency — Debtor's summons — Service — Computation of time.

IN RE SOUTHEY5 VLR (IPM) 4

MOLESWORTH, J.·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 27; 37, ix.; 65, vi., vii., viii.Act of insolvency — Refusal to surrender estate — Meeting of creditors — Majority — Proxies — Evidence.

IN RE MULCAHY5 VLR (IPM) 7

MOLESWORTH, J.·24 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Insolvency Statute 1871" (No. 379), secs. 17, 58, 68 (iii.), 147"Married Women's Property Act" (No. 384), secs. 5, 10 — Insolvent — After-acquired property — Husband and Wife — Trade carried on by wife.

IN RE GEORGE MARTIN & CO.5 VLR (IPM) 13

MOLESWORTH, J.·25 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 37 ii. iii.; 41.Partnership — Sequestration of estate of firm — Act of insolvency.

IN RE WEBSTER5 VLR (IPM) 16

MOLESWORTH, J.·20 Mar 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37, ix.Act of insolvency — Refusal to surrender estate — Order nisi — Amendment.

IN RE GOLDSMITH5 VLR (IPM) 18

MOLESWORTH, J.·2 Apr 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), ss. 12, 132, 133, 138, 146, 154Rules of the Court of Insolvency, rr. 93, 103 — Compulsory application for certificate — Service of notice of objections — Evidence — Depositions of witnesses under sec. 133 — Refusal of certificate — Imprisonment — Distinct sentences — Practice — Notice of appeal — Service — Deposit.

IN RE ALLEN5 VLR (IPM) 25

MOLESWORTH and STEPHEN, JJ.·24 Apr 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), sec. 37 (viii.), 75, 112Petitioning creditor's debt — Judgment on contract — Tort — Creditor recovering judgment — Set-off.

IN RE WIEDEMAN5 VLR (IPM) 32

MOLESWORTH, J.·29 Apr 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 37 i., ii., x.; 71Act of insolvency — Assignment for benefit of such creditors as trustees should admit — Collusion between petitioner, who had not signed, and creditor who had.

IN RE ARNOLD5 VLR (IPM) 39

MOLESWORTH, J.·4 June 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), ss. 136, 137 i., x.Appeal — Refusal of certificate — Not keeping books of account — Contracting debt without a reasonable expectation of being able to pay — Dispensation with payment of 7s. in the — Depreciation of value of property — Evidence — Examination of insolvent — Right to explain.

IN RE CLARTON5 VLR (IPM) 47

MOLESWORTH, J.·26 June 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 5, 10, 12, 27Rules of the Court of Insolvency, r. 50 — Transfer of proceedings — Application to rescind — Order of Judge in chambers — Appeal.

IN RE RUDDOCK5 VLR (IPM) 51

MOLESWORTH, J.·30 July 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

PartnershipProof of debts — "The Insolvency Statute 1871" (No. 379) sec. 12 — Appeal — Remitting case — Re-hearing.

IN RE CUNNINGHAM5 VLR (IPM) 60

MOLESWORTH, J.·17 July 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Married Woman's Property Act" (No. 384), sec. 21Married woman — Liability to insolvency law — Judgment — Existence of separate property — Onus of proof.

IN THE WILL OF WRIGHT5 VLR (IPM) 61

MOLESWORTH, J.·3 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

15 Vict., No. 10. sec. 16"The Administration Act 1872" (No. 427), sec. 25 — Commission to executor — Liberty to pass accounts — Opposition by residuary legatee

IN THE WILL OF SELL5 VLR (IPM) 63

MOLESWORTH, J.·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillExecutor according to the tenor.

IN THE ESTATE OF WILKINSON5 VLR (IPM) 64

MOLESWORTH, J.·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

No. 230, sec. 4Rule to administer freehold lands.

IN THE ESTATE OF CROWE5 VLR (IPM) 65

MR. JUSTICE MOLESWORTH·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

IntestacyForeign administrator — Next-of-kin.

IN RE CRISP5 VLR (IPM) 66

MOLESWORTH, J.·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 5, 38Rules of Court of Insolvency, 157, 158 — Act of insolvency — Debtor's summons — Service — Computation of time.

IN THE ESTATE OF DYER5 VLR (IPM) 67

MOLESWORTH, J.·12 Mar 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Where a testator had no personal estate, the Court refused to grant probate of a will affecting real estate only.

IN THE WILL OF HODGES5 VLR (IPM) 68

MOLESWORTH, J.·26 Mar 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), sec. 25Commission to executors — Carrying on testator's business.

IN THE WILL OF BURKE5 VLR (IPM) 69

MOLESWORTH, J.·29 Apr 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ProbateExecutors resident out of the jurisdiction.

IN THE WILL OF BOARDMAN5 VLR (IPM) 70

MOLESWORTH, J.·29 Apr 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillRenunciation by executors — Subsequent grant of probate to them.

IN THE WILL OF TURNER5 VLR (IPM) 71

MOLESWORTH, J.·29 May 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

PracticeWill — Omission of date — Probate — Materials.

IN THE ESTATE OF DOWNEY5 VLR (IPM) 72

MOLESWORTH, J.·29 May 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

PracticeCaveat — Order nisi — Withdrawal of caveat before service of Order — Costs.

IN THE ESTATE OF DUNOYER5 VLR (IPM) 73

MOLESWORTH, J.·5 June 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

AdministrationAttorney under power, of widow — Death of intestate in foreign country — Act of foreign court — Evidence of marriage.

IN THE WILL OF WALKER5 VLR (IPM) 74

MOLESWORTH, J.·5 June 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillAdministration c.t.a. — Trustee of part of property.

IN RE O’CONNOR5 VLR (IPM) 75

MOLESWORTH, J.·3 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillCommission to administrator — Insolvent estate.

IN THE WILL OF MURDOCH5 VLR (IPM) 77

MOLESWORTH, J.·28 July 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillCommission to executors — Insolvent estate.

IN THE WILL OF HOOD5 VLR (IPM) 78

The Court made an order for probate of the will as deposed to.·21 July 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ProbateBurnt will.

IN THE WILL OF SOPER5 VLR (IPM) 79

The Court made the order as sought.·14 Aug 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillAdministration c.t.a. — Attorney under power, of executor, who has not proved.

IN RE CRISP5 VLR (IPM) 80

MOLESWORTH, J.·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 5, 38Rules of Court of Insolvency, 157, 158 — Act of insolvency — Debtor's summons — Service — Computation of time.

IN RE JOHANSON5 VLR (IPM) 81

MOLESWORTH, J.·11 Sept 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

PracticeEndorsement of proctor's name upon the affidavits.

IN THE WILL OF FELLOWS5 VLR (IPM) 82

MOLESWORTH, and BARRY, JJ.·22 Sept 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), sec. 25Commission to executors — Payment for services provided by will.

IN RE SPURLING5 VLR (IPM) 86

MOLESWORTH, J.·23 Oct 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

AdministrationRule nisi for attachment — Omission to file accounts — Regularity of materials.

IN THE WILL OF GROVE5 VLR (IPM) 88

MOLESWORTH, J.·23 Oct 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillAdministration c.t.a. to attorney of executors abroad — Materials — Exemplification — Affidavit of property abroad.

IN THE WILL OF KLEMM5 VLR (IPM) 90

MOLESWORTH, J.·27 Oct 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), sec. 25Will — Commission to executors — Notice to party entitled to residue — Costs.

IN THE WILL OF HADDEN5 VLR (IPM) 91

MOLESWORTH, J.·28 Oct 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillProbate — Executors — Trustees and Agency Company — Trading Company — Delegation of appointment of executors.

IN THE WILL OF DAVIES5 VLR (IPM) 93

MOLESWORTH, J.·6 Nov 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillSeparate executors of portions of estate — Probate.

IN THE WILL OF GILLIBRAND5 VLR (IPM) 94

MOLESWORTH, J.·6 Nov 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillProbate — Gift to trustees if they should prove the will — Appointment of widow sole executrix.

IN THE WILL OF FOLEY5 VLR (IPM) 95

MOLESWORTH, J.·11 Nov 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Wills Statute 1864" (No. 222), sec. 7Will — Attestation — Signature by witnesses in presence of each other.

IN RE CRISP5 VLR (IPM) 97

MOLESWORTH, J.·10 Feb 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), secs. 5, 38Rules of Court of Insolvency, 157, 158 — Act of insolvency — Debtor's summons — Service — Computation of time.

IN RE DWYER5 VLR (IPM) 98

The Court made the Order absolute.·27 Nov 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Order nisiPetition by trustee — Joinder of c.q.tr. — Assignment of debt — Debt due at law or in equity — Order nisi for sequestration.

RE HICKINBOTHAM5 VLR (IPM) 101

MOLESWORTH, J.·11 Nov 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), sec. 12Appeal — Proof of debt — Composition — Secret bargain by creditor — Costs of motion by insolvent — Set-off — Pleading.

IN RE CURTAIN AND HEALEY5 VLR (IPM) 109

MOLESWORTH, J.·2 Dec 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Insolvency Statute 1871 (No. 379), secs. 53, 58, 60Rules of the Court of Insolvency, rr. 62, 131 — Sequestration — Joint and separate estates — Several trustees — Vesting of joint and separate estates.

OSBORNE v. OSBORNE5 VLR (IPM) 112

STAWELL, C.J.·16 Apr 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Dissolution of marriageAdultery of wife — Marriage never consummated — Practice, Matrimonial — Judgment of Full Court.

DEAN v. DEAN5 VLR (IPM) 116

STAWELL, C.J., and MOLESWORTH, J.·29 Apr 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Dissolution of marriageProof of adultery — Venereal disease — Further opportunity to adduce evidence — Custody of children sought in petition — Order without further notice.

BATCH v. BATCH5 VLR (IPM) 120

PER CURIAM.·17 Dec 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

PracticePetition by husband — Payment into court of sum to meet wife's costs — Poverty of husband.

M’MAHON v. M’MAHON5 VLR (IPM) 121

STAWELL, C.J. and BARRY, J.·23 Dec 1879·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 92Practice — Payment into Court to meet wife's costs of trial — No order for payment in decree — Right of wife, when unsuccessful, to subsequent order for payment.