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In the Goods Of: Wilson (Deceased) - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1876)ILR1Cal150
AppellantIn the Goods Of: Wilson (Deceased)
Excerpt:
succession. act (x of 1865), section 258 - grant of letters of administration with will annexed--practice. - phear, j.1. i have read this section (258) as if there were a comma after the words 'fourteen clear days,' and the word 'respectively' after 'death:' and i understand 'letters of administration' not to include the case of letters of administration with the will annexed. the distinction intended by the legistature appers to me to be this: where a will is proved, the grant may be make on the lapse of seven clear days, but where there is no will, not until after the expiration of fourteen clear days. the application may be granted.
Judgment:

Phear, J.

1. I have read this Section (258) as if there were a comma after the words 'fourteen clear days,' and the word 'respectively' after 'death:' and I understand 'letters of administration' not to include the case of letters of administration with the will annexed. The distinction intended by the Legistature appers to me to be this: where a will is proved, the grant may be make on the lapse of seven clear days, but where there is no will, not until after the expiration of fourteen clear days. The application may be granted.


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