Delaware Chancery Reports; Reports of Cases Determined in the Court of Chancery and on Appeals Therefrom in the Supreme Court of Delaware Volume 1

Delaware Chancery Reports; Reports of Cases Determined in the Court of Chancery and on Appeals Therefrom in the Supreme Court of Delaware Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...his bill to have a discovery of the intesta_te's personal estate. The defendant pleaded that the supposed intestate had made a nuncupative will and made the defendant executor; and that he, the defendant, had proved the will, according to the custom of the country where the testator died; and he denied that the testator had left any estate but what was at Naples. The court allowed the plea, and said that the testator having left no estate in England, it was not necessary the will should be proved there; no more than if a man had died and left an estate in Scotland. See Illigffords' Pleadings, 206, where the same case is referred to, according to which it is clearly implied that if the testator had left goods in England, the will must have been proved there. In Hunter vs. Potts, 4 T. R. 182, Law, one of the counsel, in arguing that personal property is regulated, not by the law of the country in which it is situated, but by that of the owner's domicil, says, " upon this principle a probate would be granted here upon the foot of a foreign probate in the case of a foreigner who died leaving property in this country." And in Lee v. The Bank of England, 8 Ves. Jr. 44, the master of the Rolls, in the case of a will made in America which the executor would not prove in Eng land, but which had been proved in this country, considered therepresentatives in America not to be the legal representatives in England, -that the laws of England required probate to be made there and would take no notice of a foreign administration. In Desesbats vs. Berquier, 1 Birm. R. 336, a will made by Jean Thirl, an inhabitant of the Island of St. Domingo, was proved in Pennsylvania. That probate was annulled, because the will was not...show more

Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236845501
  • 9781236845504