The Law Times Volume 80

The Law Times Volume 80

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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. 1886 edition. Excerpt: ... interests of the persons beneficially entitled to the testator's estate might be ascertained and declared; that so far as might be necessary for the purposes aforesaid the testator's estate might be administered by the court; and that the trustees might be ordered to pay the costs of the application and subsequent proceedings. When the summons, which had been adjourned into court, came on for hearing, it was objected that the case ought to have been commenced by a writ in an action, inasmuch astrustees could not properly be charged with wilful default by an originating summons. The case of Re Warren; Weadoii. v. Reading (76 L. T. 460; W. N. 1884-, p. 112) was referred to, where Kay, J. had held that that case bein in efiect not a case of simple administration, but a proceeding for 0 taining repayment after executors had divided assets, was im roperly made by originating summons, and that the case must go into t e general paper. Held, that the court had jurisdiction, upon an originating summons under Order LV. of the Rules of Court 1883, to grant the relief asked for in the present case: (R3 Chcents)1pman, -Fm-dell v. Chapman. Ch. Div.: Kay, J. Jan. 14, 16, an 30. Pmctice--Plezuiin--Str'li-ing out Slafement of Claim as embarrass-ing--Rules of Court 1, Order XIX., r. 27.--In 1881 the plaintiff brought an action against O. W. on the ground that an indcnture, which purported to be a conve ce to T. V., was not in fact a convevance, but a mortgage toO. W., an that T. W. was merely atrustee for C. W. Pleadings were delivered in that action, and it was set down for trial, and was in the paper for hearing, but the plaintiff did not appear, and judgment was accordingly given in O. W.'s favour, and the plaintifi was ordered to pay the cosshow more

Product details

  • Paperback | 1020 pages
  • 189 x 246 x 51mm | 1,783g
  • United States
  • English
  • black & white illustrations
  • 1236956141
  • 9781236956149