The Law and Practice as to Probate, Administration, and Guardianship, in the Surrogate Courts, in Common Form and Contentious Business; Including All the Statutes, Rules and Orders to the Present Time, Together with a Collection of Forms

The Law and Practice as to Probate, Administration, and Guardianship, in the Surrogate Courts, in Common Form and Contentious Business; Including All the Statutes, Rules and Orders to the Present Time, Together with a Collection of Forms

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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. 1880 edition. Excerpt: ...said cause or suit, and until a final decree shall be had and made therein, and the said decree earned into execution, and the execution thereof fully completed " (c). (a) Coote, 141, and Charleton v. Hi mi marsh, tupra. (b) 4 App. Rep. 239. (c) See Coote, 152; and see Taylor's Chy. Orders, G. O. 56, and note, as to cases in which the Court of Chancery may appoint some person to represent the estate of a deceased for purposes of suitwhere there is no legal personal representative. See aim R. S. O., c 49, a. 9, and Dey v. Deij, 2 Gr. 149. The grant of letters of administration ad litem makes the grantee complete representative of the estate to the extent of the authority which the letters purport to confer (a). Administration is also granted to the nominee of To commence a plaintiff, who is about to commence proceedings.proce And the grant will be made whether the party proceeds by bill or petition (b). Or for putting in an answer (2 Add. 351 n). Under no circumstances can the grant be general (c). Under this form of administration the grantee has only authority to carry on the Chancery suit, and has no right to receive the fruits of it (d). But if it be required the Court will allow a further limitation, viz., to receive any sum which shall be pronounced by the final order or decree to be due and payable, with interest (d). Administration was granted to the agent of a for-To agent of eign prince, as proved by affidavit, to sue in Chan-foreisnereery for a debt due in this country to the principal: but not to receive the debt unless a power of attorney to that effect should be produced. Rothschild, the agent in England of the Elector of Hesse in 1827, obtained on an affidavit of instructions, a grant of administration limited to...show more

Product details

  • Paperback | 168 pages
  • 189 x 246 x 9mm | 313g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236797825
  • 9781236797827