A Treatise On the Law of Executors And Administrators volume 1

Cover A Treatise On the Law of Executors And Administrators volume 1
A Treatise On the Law of Executors And Administrators volume 1
Edward Vaughan Williams
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Ex. 86, 87, 14th edition. Plowd. 280. Toller, 49. It is clear upon the grounds which have already been stated ("see p. 228), that if he has adminis- tered, he will be liable, not only before probate, but though he should refuse to take probate, and administration should be com- mitted to another. See the obser- vations of Best, C. J. , in Douglas V. Forest, 4 Bingh. 704.
(w) Blewitt V. Blewitt, 1 Younge, 41.
(x) Dulwich College v. Johnson, 2 Vern. 49. See also Phipps v. Steward, 1 Atk. 285. Fon
...bl. Treat, on Eq. Bk. 4, Pt. 2, c. 1, s. 2, n. B. Since the passing of the Judicature Acts, actions for the sole purpose of obtaining discovery have become very rare.
(y) Wankford v. Wankford, 1 Salk. 308, in Lord Holt's judgment. S. C, 1 Freem. 520.
(z) Isted V. Stanley, Dyer, 372, a. WentAv. Off. Ex. 82, 14th edi- tion. Godolph. Pt. 1, c. 20, 6. 2. See post, Pt. I. Bk. V. Ch. Iii. § i.
W. E.
-VOL. I.
258 CHAPTER THE SECOND.
OF THE MANNER OF OBTAINING PROBATE, AND THE PRACTICE OF THE COURT WITH RESPECT THERETO.


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