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The Gazette of the Incorporated Law Society of Ireland.
[APRIL, 1929
payment of such fees and subject to such
regulations as may from time to time be
prescribed by the President of the Probate
Division."
Counsel submitted that the control con
templated by Section 11 of the Act of 1928
would not be lost, especially as the Judge of
the Irish Court had given his assurance that
the will would not leave the custody of any
official who should take it to Ireland. There
was no distinction between wills deposited in
the Probate Registry here before probate and
after probate. Wills deposited but not
admitted to probate had been sent abroad
in
connection with proceedings
in
this
country.
They had been sent
to foreign
countries in the custody of solicitors.
In
this case it was only sought temporarily to
send the original will to a British Dominion.
JUDGMENT.
The President (Lord Merrivale), in refusing
the
application,
said
that
the matter
indicated a possible difficulty with regard to
a conflict in the Irish Free State over the
establishment of the will of a person domiciled
in Ireland, that will being in dispute.
It had
been admitted to probate in this country and
was now deposited in the Principal Probate
Registry according to statute. The Court
would wish to do everything in its power to
facilitate the due administration of justice in
the Irish Free State, and if there were such a
power to do what was asked under guarantees
for return of the document in due course, he
(his Lordship) would desire to meet the
reasonable wish of
the Judge and
the
applicant.
The question was whether a document
such as the present which was under the statu
tory control of the Court could be lawfully
sent out of
the
jurisdiction. The statute
indicated the contrary very directly. There
could not be control if the document were
sent out of the jurisdiction, and the right to
inspect would be lost while the document
was out of the control of the Court.
If in a
case presented
in
this
jurisdiction
the
document were proved to be unavailable for
production, secondary evidence would be
allowed, and, therefore, this matter did not
appear to raise any real difficulty.
("The Times " of 20th March, 1929.)
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