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Colonial Cases

Apap v. Strickland, 1881

[succession]

Apap v. Strickland

Judicial Committee of the Privy Council
7 December 1881
Source: The Times, 8 December, 1881

LAW REPORT, Dec. 7.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
(Present - Sir Robert Phillimore, Sir Barnes Peacock, Sir Montague Smith, Sir Robert Collier, and Sir Arthur Hobhouse.)
APAP v. STRICKLAND.
  This was an appeal from so much of a judgment of the Second Hall of the Court of Appeal at Malta of the 14th of February, 1879, as reversed a decision in favour of the appellant delivered on the 2nd of January, 1878, by the Court of the First Hall of that island.
  Mr. Arthur Charles, Q.C., Mr. E. P. Wolstenholme, and Mr. A. J. Mackay were counsel for the appellant; Mr. Henry Matthews, Q.C., and Mr. Seward Brice for the respondent.
  The action was commenced in the Maltese Courts by Mrs. Strickland, the widow of the late Captain Walter Strickland, R.N., on behalf of her son, against the appellant, the Marchese Felicissimo Apap. The question at issue was as to the right of succession to estates, situate in Malta, called locally "the Bologna Primogeniture," and funded by Don Alessandro Bologna, a canon of the cathedral at Malta, in 1678, and at other times. The dispute as to the succession arose on the death of Count Nicola Sceberras, on the 5th of July, 1875, without issue, but having, among other collateral relations, the parties to the present suit.
  The arguments, which were extremely intricate, had reference to the construction of the Roman feudal law and the municipal law in force at Malta, and were still unfinished when the Court rose for the day.

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