Jernegan v Baxter
| Jurisdiction | England & Wales |
| Judgment Date | 10 December 1832 |
| Date | 10 December 1832 |
| Court | High Court of Chancery |
English Reports Citation: 58 E.R. 452
HIGH COURT OF CHANCERY
Representation.
[568] jeenegan v. baxter. Dec. 10, 1832. Representation. Semble, that where a testator's will is proved in a Prerogative Court, and his executor's will is proved in a Diocesan Court, the executor of the executor is not the personal representative of the original testator. On the hearing of a petition in this cause, Mr. Hallett, for the Petitioner, referred to Fowler v. Richards (5 Russ. 39), iu which it was decided by Sir J. Leach, M.E., that, when a testator's will is proved in the Prerogative Court of Canterbury, and the surviving exeoutor's will is proved in a Diocesan Court, the executor of the executor is the representative of the original testator, and that it is not necessary that the second will should be proved in the Prerogative Court. the vice-chancellor said that...
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Jones v Godsall
...granted to the Plaintiff out of the Diocesan Court, and that the letters of the Prerogative Court were necessary : Jernegan v. Baxter (5 Sim. 568); Twyford v. Trail (7 Sim. 92); Beadles v. Bwch (10 Sim. 332). The diocesan administration may be altogether void. (1 Williams on Executors, 237,......
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John Inman Tucker, William Tucker, and John James v William Southcote Inman and Anna Victoria Little
...of representation was incomplete. He cited 1 Williams' Executors (3d edit, p. 231); Fowler v. Richards (5 Euss. 39); Jernegan v. Baxter (5 Sim. 568). In the Goods of Powell (3 Hagg. 195); and Twyford v. Traill (7 Sim. J92). But upon this point the court gave no opinion. Manning Serjt., in s......
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Williams v Bland
...Court of Lincoln did not make his executors-representatives of Thomas Goulton : Fowler v. Richards (5 Russ. 39),. Jernegtm v. Baxter (5 Sim. 568), Twyfvrd v. Trail (7 Sim. 92). Mr. Russell and Mr. Taylor, for the Defendant. (1) It was stated by the Defendant, in his answer, that before the ......