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Decisions of the Superior Courts of New South Wales, 1788-1899

In re Levy (1835) NSW Sel Cas (Dowling) 977; [1835] NSWSupC 27

Supreme Court of New South Wales

Hearing, 28 March 1835

Source: Dowling, Select Cases, Vol.4, Archives Office of N.S.W., 2/3463[1 ]

[p.151]

[1836[2 ]

Monday

28th March]

[A Master in the High Court of Chancery in England appointed a person to collect the affects of a testator in this country who died in England, & this court granted administration of the New South Wales effects to the Collector so appointed.]

 

Ecclesiastical Jurisdiction

In re Solomon Levy deced

 

S. Levy having died in London possessed of estate and effects, both in England and in this Colony, the executor named in his will filed a Bill in the High Court of Chancery for the collection & administration thereof & by an order of that Court it was referred to a master in Chancery to appoint a fit and proper person to collect the estate and effects of the testator in this Colony & accordingly the Master appointed Richard Roberts for that purpose, after having arrived in this Country, now applied to this Court for letters of administration to enable him to collect the estate and effects of the testator in this Colony.

Per Curiam.  Letters of administration may be granted under [p.152] the circumstances stated, by virtue of the general powers vested in this court by the 13th Section of the Charter of Justice 13 October 4 G. 4. sec Bac. ab. 415.

 

Notes

[1 ] For other succession cases in 1835, see Howe v. Harrison and wifeAustralian, 17 March 1835 (action for costs of educating sister of the deceased); and see an anonymous case in Dowling, Select Cases, Vol. 7, Archives Office of New South Wales, 2/3465, p. 74 (which Dowling J. noted as follows ``A will of land in Van Dieman's Land & recorded in the Supreme Court here, whilst the former Colony was under the Jurisdiction of the Kings Bench of N.S.W., may be transmitted under seal to the Supreme Court of V.D.L. for the purpose of a cause there depending."). 

[2 ] From its position in the notebook, it is very likely that this decision was made in 1835, not 1836.

Published by the Division of Law, Macquarie University