The National Law Review Volume 1, Nos. 1-11

The National Law Review Volume 1, Nos. 1-11

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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. 1888 edition. Excerpt: ...its application; but, of course, in this country, the probate courts have only the jurisdiction given them by statute, and it does not fol low that they have a power simply because such a power is ex, ercised by the English probate or ecclesiastical courts. In California it has been held that the courts of probate of that State have no power under the statute to settle the.account of a deceased administrator presented by his administrator, (Wetzler v. Fitch, 52 Cal. 638; Bush v. Lindsey, 55 Cal. 121;) 'but that the representative of the deceased executor or admin istrator can be compelled to account in equity, (Chaquette v. Ortet, 60 Cal. 594; Curtiss v. Curtiss, 65 Cal. 572, 4 Pac. Rep. 578.) And to a like effect see In re Ranney, 66 How. Pr. 291, in New York, and Shenck v. Executors of Schenck, 3 N. J. Law, 149, in New Jersey. The Massachusetts cases, above cited, are not conclusive on this point; for the equity jurisdiction in that State is limited, or was limited when those cases were decided--many controversies of equitable co lnizance being then excluded, when there was another reme y 'either at common law or by statute. Pom. Eq. J ur. 313. This court has full chancery jurisdiction conferred upon it by statute, and therefore a statute which simply affords a remedy in some other tribunal or tribunals does not oust it of its chancery jurisdiction to that extent; the remedy so afforded being concurrent or cumulative. And see Pom. Eq. J ur. 279, 115311. Chancery jurisdiction in matters of administration is very extensive. Mr. Pomroy says that the jurisdiction, as administered in Engand, "includes everythin pertaining to the settlement of decendents' estates except the probate of wills and the...
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Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236792645
  • 9781236792648