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GB 1830 Augt 5
Review
1.
According to J.B's plan
all suits begun and
continued in the same
manner – Initiatory
application.
2.
Evidence elicitation &
decision according to
individual circumstances.
3.
Demand on the ground
of legacy, different
from all other demands
in point of complication.
4.
Ingredients in the efficient
cause of right of
demand.
5.
1. Existence of a last will
with administration
or executorship thereto.
6.
2. Possession by defendant
Executor and Administrator
of the effects of deceased.
7
Conditions negative non-existence
of Efficient
causes of cessation of
Right
8.
1. Payment by defendant.
9
2. Release by demandant.
10
By Brougham no mention
of either of these
negative conditions.
11
Stated by him as a negative
condition allegation
by defendant
that he has disposed
of all the deceased effects
received by him.
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12
This is no proper ground
for non-compliance
when legacies not
equally proportioned.
13.
Instead of justice object
before his eyes the words
plene administravit.
14.
In this case as in every
other initiatory operation
application to the
Judge second operation
message from Judge
to proposed defendant.
15
But to Brougham
no such simplicity
presented itself.
16
Such the care taken
of interests of any man
disposed to plague an
executor or administrator.
17
Nor less care taken
of interests of residents
abroad.
18.
Executors in their own
wrong protected from
a feeling of sympathy.
Identifier: | JB/004/083/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-08-05 |
1-18 |
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004 |
lord brougham displayed |
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083 |
review |
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001 |
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marginal summary sheet |
1 |
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recto |
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george bentham |
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2004 |
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