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7 VLR (IPM)(46 results)

Cases reported in this volume of the Victorian Reports

IN RE GALE7 VLR (IPM) 1

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN RE SMITH7 VLR (IPM) 4

MOLESWORTH, J.·16 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37, ix.Meeting of creditors — Petitioning creditor's debt — Bill of exchange — Judgment.

IN RE WRIGHT7 VLR (IPM) 7

MOLESWORTH, J.·16 May 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 136, 138, iii., vii., xi.Certificate — Dispensing with 7s. in pound — Frivolous or inequitable defence — Trading on fictitious capital — Making away with property otherwise than bon fide.

IN RE FENNER7 VLR (IPM) 13

MOLESWORTH, J.·19 May 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37, viii.Act of insolvency — Demand to satisfy judgment — Practice — Wrong date in order.

IN RE PATERSON7 VLR (IPM) 14

MOLESWORTH, J.·9 June 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 132, 133, 135Practice Insolvency — Certificate application — Examination of insolvent — Affidavits — Appeal.

IN RE GALE7 VLR (IPM) 17

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN RE GALE7 VLR (IPM) 18

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN THE ESTATE OF M’LEAN7 VLR (IPM) 19

MOLESWORTH, J.·17 Feb 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427) sec. 25Commission to executor — Corpus — Income.

IN THE WILL OF ROBERTSON7 VLR (IPM) 22

MOLESWORTH, J.·17 Feb 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

WillSubjecting property to payment of debts — Executor according to the tenor — Universal legatee — Dispensing with sureties.

IN THE WILL OF MacDOUGALL7 VLR (IPM) 23

MOLESWORTH, J.·24 Feb 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateAdministration c.t.a. to one of two attorneys under power.

IN THE ESTATE OF BEAVAN7 VLR (IPM) 24

MOLESWORTH, J.·7 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateExecutor of deceased administrator — Next-of-kin — Administration de bonis non.

IN THE WILL OF SHORT7 VLR (IPM) 25

His Honour made the following order, stating that he had specially prepared it, and intended it to be followed in future cases·14 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Administration Act 1872" (No. 427), sec. 25Executor's commission — Form of order.

IN RE GALE7 VLR (IPM) 26

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN THE ESTATE OF SMITH7 VLR (IPM) 27

MOLESWORTH, J.·7 Apr 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateOrder nisi — Affidavits insufficient — Married woman — Protection order — Separate estate.

IN THE WILL OF AZZOPARD7 VLR (IPM) 30

MOLESWORTH, J.·7 Apr 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Executor according to the tenorDirection to pay annuities.

IN RE GALE7 VLR (IPM) 33

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN THE WILL OF CATHERY7 VLR (IPM) 34

MOLESWORTH, J.·8 Apr 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Married Women's Property Act" (No. 384), sec. 5Husband and wife — Separate estate — Lunatic husband — Wife carrying on business.

IN THE WILL OF RYAN7 VLR (IPM) 38

MOLESWORTH, J.·26 May 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

38 George III., cap. 87Executor out of jurisdiction.

IN RE GALE7 VLR (IPM) 40

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN RE GALE7 VLR (IPM) 41

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN THE WILL OF WOODHEAD7 VLR (IPM) 42

The application may be renewed on further materials.·27 July 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Married Women's Property Act" (No. 384), sec. 10"Marriage and Matrimonial Causes Statute 1864" (No. 268), secs. 46, 58 — Practice Probate — Married woman executrix — Separate property — Protection order.

IN THE ESTATE OF HANNA7 VLR (IPM) 44

STEPHEN, J.·7 July 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Administration Act" (No. 427), sec. 20Curator of estates of deceased persons — Intestate — Waste — Power of sale.

IN THE ESTATE OF DEAN7 VLR (IPM) 46

STEPHEN, J.·11 Aug 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Supreme Court Act, 15 Vic. No. 10, sec. 16"The Administration Act 1872" (No. 427), sec. 25 — Commission to executors — Ex parte application — Passing accounts.

IN THE ESTATE OF SWAN7 VLR (IPM) 49

HOLROYD, J.·12 Sept 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

15 Vic., No. 10, sec. 16"The Administration Act 1872" (No. 427), sec. 25 — Jurisdiction — Passing accounts — Commission — Ex parte application.

IN THE WILL OF REYNOLDS7 VLR (IPM) 57

STEPHEN, J.·8 Aug 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Mutual willsRevocation — Contract enforceable in Equity — Revocation of probate — Costs.

IN THE ESTATE OF TWIGG7 VLR (IPM) 59

THE CHIEF JUSTICE·18 Aug 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateLost will — Presumption of destruction — Administration limited till will be found.

IN THE WILL OF REYNOLDS7 VLR (IPM) 61

MOLESWORTH, J.·24 Sept 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"The Executors Company's Act" (No. 644), secs. 2, 8Administration c.t.a. — Company appointed attorney under power — Commission.

IN THE WILL OF BUGGY7 VLR (IPM) 66

HOLROYD, J.·25 Aug 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Married Women's Property Act" (No. 384), sec. 5Earnings — Land — "Investment" — Disposing power by will of married woman.

IN THE WILL OF STEPHEN7 VLR (IPM) 69

HOLROYD, J.·8 Sept 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateWill — Alterations and interlineations — Expert — Evidence.

IN THE ESTATE OF DOULL7 VLR (IPM) 70

HOLROYD, J.·10 Oct 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

InsanityOnus of proof — Marriage of insane person — Lucid interval — Contract with lunatic apparently sane — Ratification of marriage when sane — Practice Probate — Rule nisi — Service.

IN THE WILL OF LAMONT7 VLR (IPM) 86

MOLESWORTH, J.·17 Oct 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateAct No. 427 — Revocation of probate — Next-of-kin — Right to inquiry — Discretion of Court — Undue influence.

IN RE GALE7 VLR (IPM) 104

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN RE GALE7 VLR (IPM) 105

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.

IN THE WILL OF BAGOT7 VLR (IPM) 106

MOLESWORTH, J.·14 Nov 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Duties on the Estates of Deceased Persons Statute 1870" (No. 388)Domicil — Personalty — Practice Probate — Rule nisi.

IN THE ESTATE OF AUSTIN7 VLR (IPM) 111

MOLESWORTH, J.·24 Nov 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateAdministration durante minoritate — Notice to former administratrix.

IN THE ESTATE OF BOWMAN7 VLR (IPM) 112

MOLESWORTH, J.·24 Nov 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice ProbateAdministration to attorney under power — Revocation — Security of guarantee society — Affidavit of solvency.

IN THE WILL OF PHELPS7 VLR (IPM) 114

MOLESWORTH, J.·6 Dec 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Duties on the Estates of Deceased Persons Statute 1870" (No. 388)Domicil — Duty — Master in Equity.

IN THE ESTATE OF M’CARTHY7 VLR (IPM) 115

MOLESWORTH, J.·8 Dec 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice Probate"The Administration Act 1872" (No. 427), sec. 28 — Motion to assign bond — Notice to sureties.

IN RE LEE7 VLR (IPM) 117

STEPHEN, J.·30 June 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Promissory noteConsideration — Judgment procured by fraud — Order nisi — Notice of objections.

IN RE PARSONS7 VLR (IPM) 118

HOLROYD, J.·25 Aug 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), secs. 44, 45, 46Practice Insolvency — Enlarging order.

IN RE MARTIN7 VLR (IPM) 119

MOLESWORTH, J.·3 Nov 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Dispensing with paying 7s. in the pound — Incurring bad debts — Mismanagement in business.

IN RE RYAN7 VLR (IPM) 122

MOLESWORTH, J.·3 Nov 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 45Practice Insolvency — Omission in jurat of affidavit — Notice of objection.

IN RE RANGAN7 VLR (IPM) 124

MOLESWORTH, J.·24 Nov 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 37, subsecs. 6, 8Petitioning creditor's debt — Defendant's costs — Act of insolvency — Debtor's summons.

IN RE PORTCH7 VLR (IPM) 126

HOLROYD, J.·8 Dec 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Debtor's SummonsSecured creditor — Valuing security — "Insolvency Statute 1871," (No. 379), secs. 12, 13, 38, 75 — Insolvency Rules 1, 48 — "The Statute of Evidence 1864" (No. 197), secs. 3, 20, 25 — Appeal — Affidavits — Papers — "Proceedings" — Removal of "records" — Judge's order — Certified copies — Insolvency — Stay of proceedings.

DETHERIDGE v. DETHERIDGE7 VLR (IPM) 146

THE CHIEF JUSTICE·20 Apr 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

Practice DivorceCosts — Co-respondent denying — Condoned adultery.

IN RE GALE7 VLR (IPM) 149

MOLESWORTH, J.·10 Mar 1881·Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions

"Insolvency Statute 1871" (No. 379), sec. 136Certificate — Order refusing to dispense with payment of 7s. in the pound — Additional materials — Discretion of judge — Grounds of appeal.