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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