Probate Duty - Law Dictionary Search Results
Dearle v. Hall
be endorsed on the instrument, if any, creating the trust or under which the interest is acquired, e.g., probate or letters of administration. The trustees (if any) are obliged to give information to persons equitably interested in … administration. The trustees (if any) are obliged to give information to persons equitably interested in the property. This duty is not, apparently, absolute, see Low v. Bouverie, (1891) 3 Ch 82. Under s. 137 the estate owner
Contentious business
business when there is no such contest; the latter term is most frequently used in connection with obtaining probate or administra-tion, but is also applied to business in the Chancery Division where there are no facts in … determine some point of law or construction, or to direct trustees or executors in the discharge of their duty.
Infant
other person appointed by the Court for him, until the infant attains the age of twenty-one years and probate has been granted to him under s. 47 of the Administra-tion of Estates Act, 1925; infants who do … the Court of Chancery over the persons and property of infants is a delegation of the rights and duties of the Crown--the universal guardian of infants'and is retained for the Chancery Division of the High Court (Jud.
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Judge
the (English) Supreme Court of Judicature (Amendment) Act, 1935 (25 Geo. 5, c. 2), s. 1. In the Probate, Divorce and Admiralty Division there is the President and two judges. In the Court of Appeal, in addition … and is the motto of the Edinburgh Review. Judicis est jus dicere non dare.--Lofft, 42. (It is the duty of a judge to declare, not to make law.) Nemo debet esse judex in prompria causa.--(No man ought
Donatio mortis causa
1894 (57 & 58 Vict. c. 30). It differs from a legacy in that it does not need probate, the donee's title being directly derived from the giver in his lifetime; it is not a testamentary act; … his debts upon a deficiency of assets; may be made to his wife, and is subject to legacy duty under the Stamp Duties Act, 1845 (8 & 9 Vict. c. 76), and to estate duty under the
Special personal representatives
will be deemed to have appointed the trustees of the settlement as the special representatives. Upon an intestacy, probate may and should be granted to them for the purposes [see (English) Settled Land Act, 1925, s. 7 … will or by way of trust for sale. They should be the trustees of the settlement and their duties are to convey the land to the tenant for life or statutory owner entitled upon the death of
Proctor
the abolition of the jurisdiction of the Ecclesiastical Courts in causes matrimonial and testamentary, the (English) Court of Probate Act, 1857 (2 & 21 Vict. c. 77), ss. 43, 105, 106, and c. 85, s. 69, awarded … Cambridge having disciplinary powers over members of the university. Proctors in the Ecclesiastical and Admiralty Courts formerly discharged duties similar to those of solicitors and attorneys in other courts, as and being a separate body of practitioners.
Notice
s. 10 of the (English) Land Charges Act, 1925]. Notice of a previous assent or conveyance on the probate or grant of administration will constitute notice to subsequent purchasers under the same title (see Administration of Estates … dealing in good faith with a mortgagee or with the mortgagor after discharge of the mortgage from any duty to inquire into the trusts of the mortgage money even if he has notice of the trust, and
Sessions of the peace
mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most … the (English) Metropolitan Police Courts Act, 1839, s. 50; as to the appeal against the making of a Probation Order, see (English) Criminal Justice Act, 1925, s. 7 (1), as amended by the 1926 Act. Quarter sessions
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