A Divorce And Probate Manual Designed for Law Students
A Divorce And Probate Manual Designed for Law Students
W John William John Dixon
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— Where the original grant becomes inoperative from the incapacity of the grantee, as where he becomes a lunatic, a grant de novo can only be obtained on motion to the Court. {Phillips, 2 Adams, 35. ) Revocation of Grants. — A motion is necessary for a revocation of a grant where any parties interested do not consent, or at times an action. Temporary Grants. — A motion is also necessary for a temporary grant to perform some special duty. [Ruddij, 2 P. & D. 330 ; 41 L. J. Prob. 63. ) Motions, Ap...peals. — There is an appeal from the judge's decision on motion {Bloxani v. Favre, 52 L. J. Prob. 43) to the Court of Appeal. Grants under Special Poicers. — All grants sought under the special powers of the Court (see C. P. A. 1857, s. 73) must be applied for by motion. In shoi-t, no special grant can be obtained as a general rule except on motion. Grounds for this Application. — The grounds under sect. 73 upon which the Court exercises its special powers are — urgency, insolvency of the estate, or other special circumstances.
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