The Act for the Amendment of the Laws With Respect to Wills 7 Will Iv 1 Vic
The Act for the Amendment of the Laws With Respect to Wills 7 Will Iv 1 Vic
James Parker Deane
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Remarks on J. Fust decreed administration with the will annexed of a p^^pi'ice^" married woman, made in virtue of a power, to the representatives of her husband, no objection being made by the legatees, who were cited by direction of the court. Unless there are other cases, which I am not aware of, the present practice in the office cannot be said to have received any direct judicial sanction. For In the goods of Dawson Sir H. J. Fust ex- pressly avoided determining the question of practice; wh...ilst the citing the legatees In the goods of Dempsey, and the decree being made upon their nonappearance, still leaves the point open to discussion. The modern practice is said to be founded upon the principle, that the grant should follow the interest; but that principle does not seem to apply to the case of a married woman's will, for no interest whatever passes or is affected by the grant, which merely evidences that the instrument is a will ; the adminis- trator is not even the channel through whom the property disposed of flows; he need not receive, nor pay, a fraction of it, but the persons beneficially entitled look entirely to the trustees or other persons in possession of the fund or property.
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