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Denn's Case

Maclean & Robinson's Appeal Cases English Reports Cited authorities 3 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1792
Date01 January 1792
CourtCourt of the King's Bench

English Reports Citation: 79 E.R. 701

King's Bench Division

Denn's Case

cro.cab. 118. trinity term, 4 car. 1. in c. b. 701 [115] case 4. denn's case. The Spiritual Court shall not be prohibited from ascertaining the validity of a will for things personal, though land be also thereby devised; but they cannot meddle with a will of lands only. Ante, 94. Post. 165 396. Hetley, 113. Jones, 223. 6 Co. 23. b. Cro. Jac. 346. 1 Roll. Ah. 21. 2 Roll. Ab. 315. Palmer, 120. Salk. 552. Hard. 313. 1 Mod. 90. 4 Com. Dig. 511. Covvp. 424. 2 Term Rep. 473. 3 Term Rep. 3. 315. The case was thus: Thomas Demi being seised of certain lands in fee, and possessed of divers goods, devised the same for the payment of his debts and legacies ; and, they being paid, the residue arid surplus thereof to his wife, who he made his sole executrix, and died; and his wife, surviving him, also died before probate or any election. The brothers and sisters of the woman laboured to get administration cum testamento annexo. The plaintiff, who was brother and heir to Thomas Dorm, suggesting that the will was revoked, and that however the Spiritual Court had no cognizance of the probate of wills concerning lands, they not being testamentary, prayed a prohibition ; which was granted : for when the question is, whether a will made of lands and goods be revoked 1 it is properly triable at the common law; but if the question be, whether a will of goods only be revoked 1 it is properly triable in the Spiritual Court; for they having cognizance of the principal matter, shall try also the accessories. And it was said at the Bar, that they in the Spiritual Court...

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