The Gazette 1915-16

[JANUARY, 1916

The Gazette of the Incorporated Law Society of Ireland.

64

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.