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6 VLR (IPM)(46 results)

Cases reported in this volume of the Victorian Reports

IN ESTATE OF SEVERNE6 VLR (IPM) 1

MOLESWORTH, J.·19 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration c.t.a.Will — No appointment of executor — Conditional grant.

IN THE ESTATE OF HOURIGAN6 VLR (IPM) 2

MOLESWORTH, J.·11 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

PracticeAdministration — Caveat by married woman — Consent of husband — Costs.

IN THE WILL OF DIGNAN6 VLR (IPM) 3

MOLESWORTH, J.·18 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ProbateLost will — Evidence of contents.

IN THE WILL OF RIDDELL6 VLR (IPM) 5

MOLESWORTH, J.·18 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Will and CodicilsProbate — Obliterations and alterations by testator — Inspection as to legibility.

IN THE WILL OF M’NIECE6 VLR (IPM) 6

MOLESWORTH, J.·18 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillProbate granted in Ireland — Original probate filed — Taking off file.

IN THE WILL OF SCHNEIDER6 VLR (IPM) 8

MOLESWORTH, J.·24 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ProbateWill in foreign language — Translation — Will signed not in full name of testator — Advertisement.

IN THE WILL OF LECERF6 VLR (IPM) 9

MOLESWORTH, J.·14 Apr 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Application to revoke probateEvidence — Affidavits — Viv voce evidence — Incapacity of testator — Delusions.

IN THE WILL OF HILL6 VLR (IPM) 16

MOLESWORTH, J.·6 May 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillProbate — Power to executor to nominate another or substituted executor — Grant without prejudice.

IN THE ESTATE OF O’FLAHERTY6 VLR (IPM) 17

MOLESWORTH, J.·19 May 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration de bonis nonExecutors of administratrix — Next-of-kin — Two administrators.

IN THE WILL OF KEANE6 VLR (IPM) 18

MOLESWORTH, J.·9 June 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Executor according to the tenorAdministration c.t.a. — Universal legatee — Sureties.

IN RE FYSON6 VLR (IPM) 19

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Insolvency Statute 1871, s. 37, iii.Act of insolvency — Being out of Victoria, and remaining out of Victoria.

IN RE FRASER6 VLR (IPM) 20

MOLESWORTH, J.·12 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Order nisiJudgment recovered by two members on behalf of firm — Petition by firm — Objections filed nunc pro tunc — Set-off — Costs — Affidavits, how entitled.

IN RE COTTON6 VLR (IPM) 24

MOLESWORTH, J.·4 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

AppealOrder transferring proceedings — Subsequent order directing no action to be taken thereon — Costs — Insolvency Statute 1871, sec. 10.

IN RE OPPENHEIMER6 VLR (IPM) 26

MOLESWORTH, J.·22 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Insolvency Statute 1871, sec. 154, sub-sec. 2.Refusal of certificate — Imprisonment — Obtaining credit on false representations — Carrying on trade by fictitious capital — Retaining assets — Appeal — Examination of wife of insolvent, on certificate application.

IN RE DWYER6 VLR (IPM) 29

MOLESWORTH, J.·24 Mar 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

AppealOrder refusing certificate — Dispensation with dividend of 7s. — Keeping reasonable accounts — Suspension of certificate.

IN RE COTTON6 VLR (IPM) 33

MOLESWORTH, J.·19 May 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Insolvency Rules, 67Insolvency Statute 1871, sec. 13, 53 — Meeting of creditors — Appointment of trustee — Time for holding meeting elapsed — Special circumstances.

IN RE HEARTY6 VLR (IPM) 37

MOLESWORTH, J.·28 May 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 139Insolvency — Certificate — Suspension — Conduct fraudulent or culpably negligent.

IN RE M’GILLIVRAY6 VLR (IPM) 40

MOLESWORTH, J.·17 June 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

SequestrationOrder absolute — Patent error in date — Motion to amend — Parties — Service — Production of order for amendment.

IN RE WERE6 VLR (IPM) 43

MOLESWORTH, J.·5 Aug 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Insolvency Statute 1871" (No. 379), sec. 133Appeal — Certificate — Application — Time for hearing.

IN RE M’DONALD6 VLR (IPM) 45

MOLESWORTH, J.·13 Aug 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 138 (i)Not keeping reasonable accounts — Certificate — Refusal — Appeal — Costs.

IN RE WHITE6 VLR (IPM) 50

MOLESWORTH, J.·2 Sept 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37 (viii.)Order nisi — Act of insolvency — Not satisfying judgment — Insufficient return of sheriff's officer — Costs.

IN RE SCHLIEFF6 VLR (IPM) 51

MOLESWORTH, J.·9 Sept 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 138, (i., iii.)Appeal — Certificate — Not keeping reasonable accounts or entries — Suspension — Fraudulent preference.

IN RE AARONS6 VLR (IPM) 56

MOLESWORTH, BARRY and HIGINBOTHAM, JJ.·7 Oct 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871," secs. 12, 68 (ii.), 138 (vii.viii.x.xi.xii.), 154 (vi.xvi.), 157 (ii.)Insolvency — Appeal — Notice of appeal — Certificate application — Examination of insolvent — Objections — Trader — Trustee or agent — Full and fair disclosure of property — Material omission from schedule — Contracting debts without intending to pay — Unjustifiably making away with property — Fraudulent "gift delivery or transfer" of property — False representations to creditors.

IN RE HOLLOWOOD6 VLR (IPM) 78

MOLESWORTH, J.·7 Oct 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37 (viii.)Act of insolvency — Nonsuit — Costs.

IN RE M’INTYRE6 VLR (IPM) 80

MOLESWORTH, J.·1 Jan 1906·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

InsolvencyAppeal — Setting down for hearing — Supreme Court Rules, 10th February, 1871.

IN RE FINLAYSON6 VLR (IPM) 82

MOLESWORTH, J.·2 Dec 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No 379), sec. 149Confirmation of certificate — Service on old creditors.

IN THE ESTATE OF WYLD6 VLR (IPM) 83

MOLESWORTH, J.·8 July 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration bondJustifying sureties.

IN ESTATE OF SEVERNE6 VLR (IPM) 86

MOLESWORTH, J.·19 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration c.t.a.Will — No appointment of executor — Conditional grant.

IN THE WILL OF CAMERON6 VLR (IPM) 87

MOLESWORTH, J.·15 July 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ProbateGrant upon condition — Trustee.

IN THE ESTATE OF COADY6 VLR (IPM) 89

MOLESWORTH, J.·29 July 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

AdministrationForeign Court — Exemplification.

IN THE WILL OF O’BRIEN6 VLR (IPM) 91

MOLESWORTH, J.·16 Aug 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ExecutorCurator of intestates' estates — Form of order — Administrator c.t.a.

IN THE WILL OF BOLAND6 VLR (IPM) 92

MOLESWORTH, J.·9 Sept 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Informal appointment of executrixAdministration c.t.a. — Sureties.

IN THE ESTATE OF EWING6 VLR (IPM) 93

MOLESWORTH, J.·9 Sept 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

IntestateAdministration of real estate — Lapse of time — Affidavit of value.

IN ESTATE OF SEVERNE6 VLR (IPM) 95

MOLESWORTH, J.·19 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration c.t.a.Will — No appointment of executor — Conditional grant.

IN ESTATE OF SEVERNE6 VLR (IPM) 96

MOLESWORTH, J.·19 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration c.t.a.Will — No appointment of executor — Conditional grant.

IN ESTATE OF SEVERNE6 VLR (IPM) 97

MOLESWORTH, J.·19 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration c.t.a.Will — No appointment of executor — Conditional grant.

IN ESTATE OF SEVERNE6 VLR (IPM) 98

MOLESWORTH, J.·19 Feb 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration c.t.a.Will — No appointment of executor — Conditional grant.

IN THE ESTATE OF STANTON6 VLR (IPM) 99

MOLESWORTH, J.·2 Dec 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Administration de bonis nonExecutors of first administrator — Next of kin — Infants.

IN THE WILL OF BELL6 VLR (IPM) 100

MOLESWORTH, J.·8 Dec 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), sec. 25Commission to executors — Exclusion of applicant by will.

IN THE WILL OF MALCOLM6 VLR (IPM) 102

MOLESWORTH, J.·23 Dec 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

ProbateLost will — Foreign grant — Exemplification — Advertisement.

CAMERON v. CAMERON6 VLR (IPM) 105

Decree for dissolution of marriage.·22 Sept 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 88Dissolution of marriage — Adultery of wife — Refusal of petitioner to answer general question as to adultery — Amendment of petition at the trial by inserting a fresh charge.

LAWRENCE v. LAWRENCE AND DONALDSON6 VLR (IPM) 107

STAWELL, C.J., BARRY and HIGINBOTHAM, JJ.·4 Oct 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Dissolution of marriageDispensing with co-respondent, against whom verdict had been obtained for crim. con. — Unfounded countercharges — Costs.

GULLIFER v. GULLIFER AND FOLEY6 VLR (IPM) 109

STAWELL, C.J., BARRY and STEPHEN, JJ.·22 Nov 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Marriage and Matrimonial Causes Statute 1864," secs. 14, 65Marriage of minor without consent — Adultery of wife — Dissolution — Practice — Presentation of petition — Delivery to associate.

JOSEPHS v. JOSEPHS6 VLR (IPM) 112

PER CURIAM.·13 Dec 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Suit for dissolutionEvidence of marriage — Admission on the pleadings.

HO-A-MIE v. HO-A-MIE6 VLR (IPM) 113

STAWELL, C.J., HIGINBOTHAM, J.·17 Dec 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Dissolution of marriageJurisdiction — Husband respondent domiciled abroad.

MAXWELL v. MAXWELL6 VLR (IPM) 117

STAWELL, C.J., STEPHEN and HIGINBOTHAM, JJ.·17 Dec 1880·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Marriage and Matrimonial Causes Statute 1864" (No. 268), sec. 70Dissolution of marriage — Conduct of husband conducing to wife's adultery — Practice — Hearing before cause at issue — Waiver of objection — Alimony.