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Cope v Cope

Nominate Series English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date09 July 1851
Date09 July 1851
CourtHigh Court of Chancery

English Reports Citation: 51 E.R. 433

ROLLS COURT

Cope
and
Cope

[649] cope v. cope. July 9, 1851. Application that payment out of Court of a sum of 39 might be made on a York probate refused. [The practice has since been modified. Vide the cases in the note.] A sum of 39, 9s. 7d. was ordered to be paid out of Court; but the party having 434 COPE V. COPE 14 BBAV. 649. a probate of the province of York, the Accountant-General declined to make the payment except on a Prerogative probate. Mr. Twells applied to the Court for an order for payment on the existing probate, on the ground that the expense of obtaining another would absorb the fund. the master of the bolls [Sir John Eomilly]. I regret that, consistently with the decisions, I have no power to accede to this application. note.-The Lords Justices have modified the rule in the case of In re Knowles, 1 De G. M. & G. 60; and see Seton on Decrees, 34; and the cases cited Druce v. Denison, 15 Sim, 356 ; Lasseur v. Tyrconnel, 10 Beav. 28...

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