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Updated: July 1, 2025
This was the will which was offered for probate! Cresswell thought it was a curious state of affairs, and listened with much interest to the further cross-examination. "Had you ever seen any other will?" I inquired. It was quite an accidental question, as one would put in a desultory sort of conversation with a friend. "Er yes I have," said Faker. "What was that?"
This was a very sweeping measure, which at a blow superseded the whole system of ecclesiastical courts, so far at least as wills were concerned. For them it substituted a Court of Probate, with jurisdiction over the whole of England. Attached to this court are about forty registries for wills. That in London is called the Principal Registry.
He caught up the pile of newspapers and began to glance through each in turn for the head-line: "Wills Admitted to Probate." In the last of all he found the paragraph he sought, and it stared up at him as if with Rainer's dying eyes. That that was what he had done!
A codicil is an addition or a supplement to a will, and must be executed with the same solemnity. It is no revocation of a will, except in the precise degree in which it is inconsistent with it. After the death of a testator, the will is brought before the court of probate to be proved. An executor is a person named in the will of a testator to carry the will into effect.
This motley crew, who formed the first superior court, had but one trait in common: they belonged to the clique who controlled the patronage; and as it began so it continued to the end, for Hutchinson, the last chief justice but one, was a merchant; yet he was also probate judge, lieutenant-governor, councillor, and leader of the Tories.
Taking an active part in Kansas politics and the "Kansas War," he was elected Probate Judge of Douglas County by the pro-slavery party, under the regime of Governor Walker. He returned to Darlington December 5th, 1857, and shortly afterwards was re-elected Captain of the Darlington Riflemen.
Alford had been uneasy during this conversation, and broke in at the first pause. "Well, Square, I guess you'd best wait till 'bout next week-a-Thursday afore you try to use your 'thority. Probate Court sets on Wednesday, an' I guess that'll 'bout wind up your business as guardeen." What a magazine of wrath that shot exploded! The lawyer was dumb for a moment, but presently he and Mrs.
But his superior officers had listened favorably to the request of the probate judge, wishing always to "keep in close touch" with the judge of the court where they had so much business, and also having a somewhat farther vision than the trust officer, as will be seen.
If among the property left by a person deceased, which is to go in part to children, there are any houses and lands, a kind of property which is called in law real estate, to distinguish it from moveable property, which is called personal estate, such real estate cannot be sold, in ordinary cases, by the administrator, without leave from the Judge of Probate.
All that the law requires is that the property bequeathed to children, or falling to them by inheritance, shall always be exactly ascertained, and an account of it put upon record in the Probate office: and then, that a guardian shall be appointed, who shall expend only so much of it, while the children are young, as is necessary for their comfortable support and proper education; and then, when they come of age, if there is any surplus left, that it shall be paid over to them.
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