DECIDED IN THE

COURT OF PROBATE

AND IN

THE COURT FOR

Divorce and Matrimonial Causes.

WITH TABLES OF THE NAMES OF CASES, AND

INDEXES TO THE PRINCIPAL MATTERS.

BY

M. C. MERTTINS SWABEY, D.C.L.,

ADVOCATE IN DOCTORS' COMMONS, AND OF GRAY'S INN, BARRISTER-AT-LAW,

AND

THOMAS HUTCHINSON TRISTRAM, D.C.L.,

ADVOCATE IN DOCTORS' COMMONS, AND OF THE INNER TEMPLE.

VOLUME II.

FROM EASTER T. 1860 TO MICH. T. 1862.

LONDON:

BUTTERWORTHS, 7, FLEET STREET,
Law Publishers to the Queen's Most Excellent Majesty.

HODGES, SMITH, AND CO., GRAFTON STREET, DUBLIN.

1863.

LIBRARY OF THE

LELAND STANFORD, JR.. UNIVERSITY

LAW DEPARTMENT.

58,390

PRINTED BY

JOHN EDWARD TAYLOR, LITTLE QUEEN STREET,

LINCOLN'S INN FIELDS.

Will of Married Woman.-Husband surviving.-No Ex

Practice

Will.-Codicil.-Citation of Parties interested under.

BERNARD, WILLIAM HENRY, in the Goods of.

Affidavit in Foreign Parts.-Description of Deponent.
Practice

BRANDRETH v. BRANDRETH AND WIFE.

Suit for Revocation of Probate.-Practice as to delivering
Issue. Moving for Directions as to Trial and Issues to
Assizes

BROWNING, JAMES, in the Goods of.

Administration.-21 Hen. VIII. c. 5, s. 3.-Joint Grant to
a Widow and to a Person entitled in Distribution refused.
-Probate Act, s. 73.

BURCH, ELEANOR, in the Goods of.

489

446

634

Administration. Attorney.-Principal resident in England 139

CLARKINGTON, CHARLES, in the Goods of.

Limited Administration ad colligenda bona.—Power of Ad-

ministrator

CLARKSON v. CLARKSON AND OTHERS.

Testamentary Papers.-Destruction without Intention to
revoke.-Probate of Draft

CLARKSON v. WATERHOUSE.

A Married Woman.-Liability for Costs.-Practice .

CLEVERLY AND ANOTHER v. GLADDISH.

Page

380

. 497

Administration de bonis non, with Will annexed.-Fund in

Court of Chancery.-Sureties to Administration Bond

dispensed with.-Amount of Estate

335

COLEMAN, HENRY HART, in the Goods of.

Probate.-Erasure

COLLIER, THOMAS, in the Goods of.

314

Executor out of Jurisdiction.-Grant under 38 Geo. III.

and Probate Acts.-Personal Representative of Legatee. 444

Interest to oppose Will.-Judgment of Foreign Court.-

Demurrer

€ 485

17

DE LA FARQUE, LOUISA MARIA, in the Goods of.

Administration Bond.-Sureties dispensed with.-Probate

Act, s. 82

DEPIT AND CHAPOT V. DELERieleuse.

Bankruptcy of Domiciled Frenchman.-Sale of Debts by

Assignee.-Application for Administration to Purchasers

of a Debt due from a Resident in London.

€ 315

. 631

131

DRINKWATER, JOB, in the Goods of.

Limited Grant of Administration.-73rd Section of Probate

Will.-Incorporation by Reference

DUANE, THOMAS, in the Goods of.

Will.-Clause introduced per Incuriam.-Probate

DYKE, QUEEN'S PROCTOR, v. WALLIS.

Queen's Proctor's Suit.-Legitimacy.-Pleading.

DYKE, QUEEN'S PROCTOR, v. WILLIAMS.

Pago

Queen's Proctor's Suit.-Legitimacy.-Pleading.

DYKE, QUEEN'S PROCTOR, v. WILLIAMS.

Allegation of Bastardy.-Claim of Relationship.-Burden
of Proof.-Admissibility of Evidence

EELES, THOMAS, in the Goods of.

491

Will.-Cutting.-Dependent relative Revocation.-Probate 600

FAIRWEATHER, THOMAS, in the Goods of.

Section 73 of Probate Act.-Creditor.-Secretary of an As

FARADAY, BETTY, in the Goods of.

Wife.-Protection Order.-Registration.-20 & 21 Vict.

FELL, WILLIAM W., in the Goods of.

Administration.-Intermeddling with Estate through Mis

take.-Practice

FOREST, JANE, in the Goods of.

Will.-Subscription.-Motion to omit Name in Probate

GAUSDEN, JOHN, in the Goods of.

Will.-Paper passed on Parchment.-Signature at foot or
end.-Probate by consent

GODFREY, ELIZABETH, in the Goods of.

Mortgage of an Interest under Will.-Administration to
Mortgagee

.588

369

334

362

133

GOODBURN v. BAINBRIDGE AND OTHERS.

Citation:-Indorsement f Certificate of Service.-Practice 4