The Law and Practice Relating to the Administration of the Estates of Deceased Persons
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Excerpt from The Law and Practice Relating to the Administration of the Estates of Deceased Persons: By the Chancery Division of the High Court of Justice; With an Appendix of Orders and Forms; Annotated by References Hi Addenda. rage 11. Chapters II. and III. must now be read subject to the provision in Ord. LV. ii. r.10, that it shall not be obligatory on the Court or a Judge to make an order for the administration of the estate, if the questions between the parties can be properly determined without; and in Lane v.Lane (W.N. 1883, 171)a reference to chambers was ordered to inquire whether general administration was necessary. Taf-c 21.to delivering statement of claim, see now Ord. XIX. r.2, and Ord. XX. r.1 (c), and the Forms in App, C. II., Nos.1, 2 ; D.II. If more prolix forms are used without justification, the parties using them will have to pay the costs; see Ord. II. r.2. Pages 31, 37.As to actions by infants, lunatics, and married women, see now Ord. XVI. iii. rr. 16 21. Pa e 36 (a-). This case was affirmed by the House of Lords (W.N. 1883, 200), but seems likely to lead to a remarkable conflict of jurisdiction, for a decree for administration of the whole estate in Scotland has since been obtained from the Court of Session, including an injunction against removing any part of the estate out of the jurisdiction of the Scotch Court. Page 40. Add to note z), see also Ord. XVI. r.11. Page 41. For Ord. XVI. r.12, read Ord. XVI. r.11 ;but see now Ord. XVI. rr. 33 40.Page 45.By Ord. IX. r.3, husband and wife must both be served, unless the Court or a Judge shall othertuise order. Page 47 (? ).For Form of indorsement, see App. G., 28. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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