Budd v Silver
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1813 |
| Date | 13 March 1813 |
| Court | Ecclesiastical Court |
English Reports Citation: 161 E.R. 1094
IN THE ECCLESIASTICAL COURTS AT DOCTORS' COMMONS AND IN THE HIGH COURT OF DELEGATES.
[115] budd v. silver. Prerogative Court, Hilary Term, March 13th, 1813.-Where there are several next of km in equal degrees, administration is granted to the parson who unites the majority of interests, unless there is home ground of objection, some reason for preferring another. Judgment-Sir John Nicholl. The deceased is Anne Prime, who has died leaving a testamentary paper, not disputed, but in effect merely declaring an inte&tacy. There are nine cousins equally entitled in distribution-of these Budd and Silver contest the administration , four of the next of kin join m Budd's prayer, three m that of Silver, so that Budd has a majority of interests. Where there is no material objection on one hand, or reasons for preference on the other, the Court, in its discretion, puts the administration into the hands of the person with whom the majority of interests are desirous of entrusting the estate. There is no objection to Budd's character or his competency, the only point argued is that his competitor is a person of superior situation in life, being an alderman of the city of Winchester, whereas Budd is only a snitill shopkeeper in that city . but, independently of the majority of interests...
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Philip King v Stephen King
...Conflicts may arise in a number of different ways. Tristram & Coote at [14.21] makes reference to the ancient case of Budd v Silver (1813) 2 Phillimore 115 where the court refused a grant in circumstances where the deceased's estate had a claim against the son of the applicant. There the co......
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Iredale v Ford and Bramworth. [ECCLESIASTICAL COURTS AT DOCTORS' COMMONS]
...the grant will follow the majority of interests, unless there is a substantial objection to the party asking for the grant Budd v. Stiver, 2 Phill. 115 ; Watuick v. Greville, 1 Phill 123. Our application is supported by three-fourths of the interests. Two of the sisters apply for the grant,......
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