In the Goods of Christopher Coke, Deceased

JurisdictionEngland & Wales
Judgment Date01 January 1825
Date01 January 1825
CourtPrerogative Court

English Reports Citation: 162 E.R. 389

PREROGATIVE COURT

In the Goods of Christopher Coke
Deceased.

3 ADD 22 IN RE COKE 389 [22] in the goods of christopher coke, Deceased. Prerogative Court, Michaelmas Term, 2nd Session,' 1825.-Special certificates to the facts of the ca^e, necessary to found the grant, superadded to the oath of the applicant, in the instance of every administration applied for (the obvious and only general scheme suggested for preventing frauds in obtaining letters of administration) \vuld involve a general inconvenience, less tolerable than the particular evil in question. But the Court may direct such special certificates in certain cases: and if, being exhibited, they are unsatisfactory to the Court [for instance, as failing to certify the principal facts by the testimony of third persons, speaking of their own knowledge j or, as the case may be], the Court will, at least, suspend, ind may probably m the end altogether reject, the application for the grant itself in such ease. Jiidgtnent-Sir John Nicholl. The party deceased in this cause is a Mr Christopher Coke, described as late of the Million Bank, in the parish of St. Clement's, East Cheap, in the city of London. He is alleged to have died in the month of August, 1802, intestate, and a bachelor, without parent, brother or sister, uncle or aunt, nephew or niece , leaving behind him Eleanor Norris, his lawful first cousin, and one of his next of kin, and, consequently, one of the parties entitled to letters of administration of his personal estate and effects. The present claimant of the said letters of administration is her attorney, a Mr. Joseph Adey, described as of No. 16 Houridsditch, hatter He, Mr Adey, has annexed certain documents in support of his claim to a memorial which he has addressed to the Court. And the question is whether those documents furnish such precautions as the Court required to be furnished with, previous to a grant of administration, in any case, issuing to this particular individual, Mr. Joseph Adey. Tfae Court's motive or inducement to make any order of the sort applicable to this person in particular may be said in a few words. The Court had been given to understand that Mr. Adey was a dealer in this traffic, a kind of trader in administrations-that he was in the practice of sending circulars all over the [23] kingdom, addressed to particular individuals, promising to make disclosures of monies to be obtained under tetters of administration of the...

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