A Treatise on Private International Law: With Principal Reference to Its Practice in EnglandSweet & Maxwell, 1922 - 454 pages |
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Page xxxvii
... deceased was domiciled , any surplus assets in the British administration will be distributed by the English Court to the beneficiaries in accordance with the law of the deceased's domicile . Re Lorillard ( Griffith v . Cutforth ) ...
... deceased was domiciled , any surplus assets in the British administration will be distributed by the English Court to the beneficiaries in accordance with the law of the deceased's domicile . Re Lorillard ( Griffith v . Cutforth ) ...
Page 2
... countries with regard to the distribution of the estates of deceased persons , and the effect of marriage on the property of the husband and wife . In such cases the passage from usage to law is sometimes 2 PRIVATE INTERNATIONAL LAW .
... countries with regard to the distribution of the estates of deceased persons , and the effect of marriage on the property of the husband and wife . In such cases the passage from usage to law is sometimes 2 PRIVATE INTERNATIONAL LAW .
Page 35
... deceased was domiciled in France , said : " The courts of that country are the competent authority to determine the validity of his will and the succession to his personal estate , and , as in the case of Hare v . Nasmyth , 2 Add . 25 ...
... deceased was domiciled in France , said : " The courts of that country are the competent authority to determine the validity of his will and the succession to his personal estate , and , as in the case of Hare v . Nasmyth , 2 Add . 25 ...
Page 36
... deceased's domicile were the proper and competent courts to decide . . . . I am bound by their decision . " • So far the answer to the question with which we are dealing seems to have been given by the English courts almost as a matter ...
... deceased's domicile were the proper and competent courts to decide . . . . I am bound by their decision . " • So far the answer to the question with which we are dealing seems to have been given by the English courts almost as a matter ...
Page 37
... deceased of which she has not disposed by will is governed solely by the law of the country of which the testatrix was a subject at the time of her death . ” Thus , in whatever sense the inquiry into the law of Baden may have been ...
... deceased of which she has not disposed by will is governed solely by the law of the country of which the testatrix was a subject at the time of her death . ” Thus , in whatever sense the inquiry into the law of Baden may have been ...
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Common terms and phrases
abroad according action administration affirmed appears applied assets Att.-Gen authority Bank bankruptcy bill British subject capacity claim colony contract Cozens-Hardy creditors debt debtor deceased decided decision decree defendant determined divorce doctrine domicile domiciled in England dominions duty effect enforced England English court English law Esher executor favour foreign country foreign court foreign judgment foreign law France French Gorell Barnes governed grant ground held House of Lords husband immovables India indorsement intestacy judge judicial jurisdiction land last domicile law of England lex domicilii lex fori lex loci actus lex loci contractus lex situs liable Lindley Lord marriage matrimonial domicile matter movables national law obligation opinion owner parties payable payment personal law Phillimore plaintiff principle private international law probate proceedings question referred regard residence rule Scotch Scotland settlement ship statute sued territory testator tion trust United Kingdom validity wife writ
Popular passages
Page 253 - Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the cause or matter, be added.
Page 359 - That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging, (although he be naturalized or made a denizen, — except such as are born of English parents), shall be capable to be of the privy council, or a member of either house of parliament...
Page 120 - British subject (whatever may be the domicile of such person at the time of making the same or at the time of his or her death) shall as regards personal estate be held to be well executed...
Page 253 - The Court or a judge may, at any stage of the proceedings, either upon or without the application of either party, and on...
Page 246 - British subject or not, and the grounds upon which the application is made ; and no such leave shall be granted unless it shall be made sufficiently to appear to the Court or Judge that the case is a proper one for service out of the jurisdiction under this Order.
Page 362 - The wife of a British subject shall be deemed to be a British subject, and the wife of an alien shall lie deemed to be an alien...
Page 286 - ... general rule is, that the law of the country where a contract is made governs as to the nature, the obligation and the interpretation of it. The parties to a contract are either the subjects of the power there ruling, or as temporary residents owe it a temporary allegiance ; in either case equally, they must be understood to submit to the law there prevailing, and to agree to its action upon their contract. It is, of course, immaterial that such agreement is not expressed in terms ; it is equally...
Page 246 - When the Defendant is neither a British subject nor in British dominions, notice of the writ, and not the writ itself, is to be served upon him.
Page 363 - Where a person being a British subject ceases to be a British subject, whether by declaration of alienage or otherwise, every child of that person, being a minor shall thereupon cease to be a British subject, unless such child...
Page 253 - Judge, issue a notice (hereinafter called the third-party notice) to that effect, stamped with the seal with which writs of summons are sealed. A copy of such notice shall be filed with the proper officer and served on such person according to the rules relating to the service of writs of summons.