The State Reports, New South Wales (Volume 1) - Bookswagon
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The State Reports, New South Wales (Volume 1)

The State Reports, New South Wales (Volume 1)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901. Excerpt: ... ADMINISTEATION SUIT--Furtherconsideration--Enquiries before the Master--Evidence raising a claim not raised on pleadings--Further consideration--Power of the Court to direct an enquiry in the suit as to the fresh issue. In an administration suit enquiries were directed before the Master to ascertain (1) of what the estate consisted at the death of the testatrix, and (2) what encumbrances there were affecting the estate. The will included a specific devise of a property known as "Wooilburn," which, however, belonged to the defendant F. J. M., a son of the testatrix. On the enquiry before the Master certain evidence was admitted on which a claim might be based that F. J. M. had, since the death of the testatrix, constituted himself a trustee of " Woodburn " for the benefit of the estate. This issue was not raised either on the pleadings or before the Master. Held, on further consideration, that the Court, if satisfied that there was a prima facie case, could direct an enquiry in the suit as to that issue, and would not insist on the plaintiffs instituting a fresh suit. Mklliday V. Mcmahon-Eq. 6 ATTORNEY.--Misconduct--Administration action--Agreement to share profit costs between solicitors who represent different conflicting interests. It is misconduct, punishable by the Court, for a solicitor acting for parties in an administration action to share the profit costs of other solicitors introduced by him to act for other parties in the action, whose interests conflict with those of the introducer's clients. In re Hbyuon 81 2. Struck off the rolls--Re-admission. A solicitor, who had been struck off the rolls on the 20th December, 1895, for an offence of fraudulently antedating two deeds, one of which was put forward in an equity suit, was, on the 7th August, ...


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Product Details
  • ISBN-13: 9781153915601
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 304
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 115391560X
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 598 gr


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