Iredale v Ford and Bramworth. [ECCLESIASTICAL COURTS AT DOCTORS' COMMONS]
| Jurisdiction | England & Wales |
| Judgment Date | 06 April 1859 |
| Date | 06 April 1859 |
| Court | Ecclesiastical Court |
English Reports Citation: 164 E.R. 740
ECCLESIASTICAL COURTS AT DOCTORS' COMMONS
S. C. 5 Jur (N. S.) 474; 7 W. R. 462.
Administration. - Bankrupt. - Majority of Interests. - Practice.
[305] iredale v. ford and bramworth. April 6, 1859 -Administration.-Bankrupt.-Majority of Interests.-Practice.-Of the two rules for the guidance of the discretion of the Court in granting administration, where parties in equal degree dispute it, viz "that, czeteris paribua, the male is preferred to the female," and "that the grant will follow the majority of interests"-the latter is the more stringent The fact of a man having been bankrupt many years since is not to be pressed against him ; but when he has been a second time a bankrupt, and under the second bankruptcy no dividend has been paid, quaere, whether such bankrupt could be said to have any interest in the intestate's estate 1-The grant being made to persons representing three-fourths of the interest, their sureties were ordered to justify to the extent of the other fourth , their costs were directed to be paid out of the estate, and no order was made as to costs of the other party. [S. C. 5 Jur (N. S.) 474; 7 W. E. 462.] 1SW&TR306 IREDALE V. FORD 741 This was a question heard on petition and affidavit, as to the administration of the effects of T. Iredale, who died intestate, a widower, without child or parent, leaving William Iredale his brother, Sarah Foid, wife of T Ford, Elizabeth Bramworth, widow, and Mary Richardson, widow, his sisters, his only next of kin, and the only persons entitled in distribution. The deceased had been for many years a lunatic, and William Iredale has since 183S been the duly appointed committee of his person. Dr. Waddilove and Mr Malcolm Kerr applied for the giant to be made to William Iredale the brother, and relied on the maxim, that by the practice of the Court the male is preferred to the female, as more likety to be acquainted with and able to conduct business. Chittenden v Knight, "2 Lee, 559. As to the fact of his having been twice bankrupt, in 1827 and 1837, and no dividend paid under the last bankruptcy Sell v. Timiswood, 2 Phill. 22, would be relied on by the other side, that case waa decided m 1812, and there is no reported case since which shews that it has been followed. Iredale offered two unexceptionable securities for the due administration of the estate. Dr. Spinks and Mr. Swan, for the two sisters. It was for [306] the...
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