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

In re Levy (1836) NSW Sel Cas (Dowling) 977; [1836] NSWSupC 75

succession

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 28 March 1836

Source: Dowling, Select Cases, Vol. 4, S.R.N.S.W. 2/3463, p. 51

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, and this Court granted administration of the New South Wales effects to the collector so appointed.

Ecclesiastical Jurisdiction. 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 and administration thereof and 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 and accordingly the Master appointed Richard Robert s 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.

The Court. Letters of administration may be granted under the circumstances stated, by virtue of the general powers vested in this Court by the 13th section of the Charter of Justice, 13th October 1823. See M. Bacon, A New Abridgement of the Law, 7th ed., London, 1807, p. 415.

Published by the Division of Law, Macquarie University