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The Gazette of the Incorporated Law Society of Ireland.
[JANUARY, 1916
Recent Decisions affecting Solicitors.
PROBATE, DIVORCE, AND ADMIRALTY
DIVISION (ENGLAND).
(Before Horridge, J.)
Probate Business.
In the Estate of W. M. Millar (deceasd) ; Irwin
and, Another
v.
C(truth and others.
Probate—Will of domiciled Irishman executed,
in India—Executors appointed as regards
property in India only
—
Executor according
to the tenor of Irish property—Grant by Irish
Court—Application in England, for Grant
as to English assets—Construction of' Will
considered—Probate and Letters-of Admin
istration (Ireland) Act,
1857 (20
&
21
Vict.,
c.
79, s. 95)—
Re-sealing of foreign Probate
—
Practice.
On the 24th April, 1914, a testator, who
was domiciled
in
Ireland, executed
the
following Will in India:—"I, W. M. M.,
Major of the Army Veterinary Corps, do
hereby declare this to be my last Will, and
desire nothing of my property in India to be
handed over to my Solicitor in Ireland, who
will deal with my Irish property only.
I
wish all my personal effects, ponies, saddlery,
etc., except such as my executors desire to
dispose of otherwise, to be sold, and after
payment of my
just debts and funeral
expenses I give all to my executors to dispose
of as they think best, but I should like some
permanent memorial
to
be
erected
in
Lucknow.
I have on record that Incha Ram
owes me Rs. 3,000,
to be paid
to my
executors. And, lastly; I appoint Captain
Torrie, Cavalry Brigade-Major, Lucknow,
and Rev. Ronald Irwin, Garrison Chaplain,
Lucknow, executors of this my Will with
regard to all my property in this country.
In witness whereof I have hereunto set my
hand this 24th day of April, A.D., 1914."
This Will was proved at Oudh, India, on the-
4th July, 1914. The estate in Ireland con
sisted of real estate ;
that in England and
India of personalty only. On the 7th Dec.,
1914, the Irish Court of Probate made a
general grant
to
the defendant, C.
(the
Solicitor referred to in the Will). A motion
by the present plaintiffs was filed in the
Chancery Division in Ireland on the 12th
Dec., 1915, asking that the grant should be
limited to the Irish property, and was set
down for hearing on the 20th Dec., 1915.
Counsel for the plaintiffs
(the executors
named in the Will) contended that on the
true construction of
the Will they were
residuary legatees, and, therefore, entitled to
a grant as to the English assets. He referred
to
Chichester
v.
Quatrefages^lf&ti},
p. 186.
Evidence
upon
affidavit.^proving
due
execution of the Will, was given. Counsel
for the defendant, C., submitted that it was
the Court's practice to follow the grant of the
Court of the testator's domicil, and also as
to the person to whom the grant is made.
Section 95 of the Probate and Letters of
Administration (Ireland) Act, 1857, governed
the question, for the defendant had presented
his grant to be re-sealed, and had been met
with the plaintiff's
caveat.
Counsel for the
other defendants (next-of-kin of the deceased)
asked for a grant of administration, and cited
Newman
v.
Newman
(26 Beav., 220),
Barnaby
v.
Tassell
(L. Rep. 11, Eq. 363), and
Countess
Zechy's Case (1
Beav. 1).
Horridge, J., said that, in his view, the
plaintiffs were residuary legatees under the
Will, and, as such, entitled to a grant of
Letters of Administration of the English
property.
As regards Section 95 of the
Probate
and Letters
of Administration
(Ireland) Act, 1857, he (the learned Judge)
was of opinion that it did not take away
from the English Court the power to make a
grant when a grant already obtained from
the Court of another country had not been
re-sealed in England.
The Will would be
pronounced for, and a grant of administra
tion with the Will annexed made to the
plaintiffs. The costs of all parties would
come out of the estate.
(The Law Times,
Vol. 140, page 157.)
ALL communications connected with THE
GAZETTE (other than advertisements) should
be addressed to the Secretary of the Society,
Solicitors' Buildings, Four Courts, Dublin.
NOTICE OF TRANSFER OF BUSINESS.
Mr. NATHANIEL TAYLOR,
Having joined the Army Service Corps,
has made arrangements to transfer the
business of Solicitor and Land Agent,
carried on by him at No. 23 Stephen's
Green, N., Dublin, to
Messrs. BROWNE & MAUNSELL,
of No. 40 Westland Row, Dublin, during
his absence on active service.
All communications
for Mr. Taylor
should, therefore, until further notice, be
addressed to Messrs. Browne & Maunsell,
at 40 Westland Row, Dublin.