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Colonial Cases

Levy v. Levy, 1932

[succession]

Levy v. Levy

Court of Appeal, Palestine
1932
Source: The Palestine Bulletin, 20 December 1932

 

THE COURT OF APPEAL

Before the Chief Justice, Mr. Justice Frumkin and Mr. Justice Khayat.

Levy v. Levy (Civil 120/31)

Certificate of Rabbinical Court Evidence of Validity of Will.

   The Court of Appeal upheld the excusive jurisdiction of the Rabbinical Court to confirm the will of a member of the Jewish Community, who is not a foreigner, and held that a certificate of the Rabbinical Court was conclusive evidence of the validity of a will made by a person coming under its jurisdiction.

   In this case the appellant alleged that the deceased had left certain documents which could not be considered as a will according to Law, although the Rabbinical Court had certified that the will was valid in form.  The application for a Special Tribunal in accordance with Article 55 of the Palestine Order-in-Council, was refused to the Appellant by the District Court.

Judgment

   The Court of Appeal upheld the decision of the District Court on the ground that the certificate of the Rabbinical Court in this case was conclusive evidence of the validity of the will.  The appeal was, therefore, dismissed with costs.

   The Appellant was represented by Abcarius Bey and Mr. Eliash; the Respondents by Mr. Horowitz and Mr. Weinshall.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School