De Nicols v Curlier and Others

JurisdictionEngland & Wales
Judgment Date15 December 1899
Judgment citation (vLex)[1899] UKHL J1215-1
CourtHouse of Lords
Date15 December 1899

[1899] UKHL J1215-1

House of Lords

De Nicols
and
Curlier and Others.
1

After hearing Counsel as well on Friday the 23rd and Tuesday the 27th days of June, as Monday the 3rd and Monday the 10th days of July 1899, upon the Petition and Appeal of C�lestine de Nicols, of Regent House, Surbiton, in the county of Surrey, widow, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 19th of May 1898, except so far as regards the words "And it is ordered that the Costs of, and occasioned by, this Appeal be costs in this matter and action," might be reviewed before Her Majesty the Queen, in Her Court of Parliament, and that the said Order, except so far as aforesaid, might be reversed, varied, or altered, or that the Petitioner might have such other relief in the premises, as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the Joint Case of the said Appellant and the Respondents Emma Josephine, the widow of George Pigache, Emma de Bruille, and Blanche Pigache, (since deceased), Louise Pigache, Camille Pigache, Cecile Pigache, Daniel Pigache, and George Pigache, respectively infants, by Edmund Distin Maddick, their guardian ad litem, and also upon the printed Case of the Respondents Felix Curlier, Jean Joseph Kopp, and Thomas William Courtenay, lodged in the said Appeal; And due consideration being had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of Her Majesty the Queen assembled, That the said Order of Her Majesty's Court of Appeal, of the 19th of May 1898, so far as complained of, be, and the same is hereby, Reversed; and that the Order of Mr. Justice Kekewich, of the 3rd of...

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7 cases
  • Miller v Gianne
    • Cayman Islands
    • Grand Court (Cayman Islands)
    • 29 March 2007
    ...61; 7 C.T.R. 83, considered. (10) De Nicols, In re, [1900] 2 Ch. 410; (1900), 69 L.J. Ch. 680, considered. (11) De Nicols v. Curlier, [1900] A.C. 21; (1900), 69 L.J. Ch. 109, applied. (12) Electric Dev. Co. of Ontario v. Att. Gen. (Ontario), [1919] A.C. 687, applied. (13) Golden Ocean Assur......
  • Banque Indosuez v Madam Sumilan Awal also known as Aw Kim Lan and Others
    • Singapore
    • High Court (Singapore)
    • 20 January 1998
    ...result of marriage are determined by the law of the husband’s domicile (the traditional view: Re Martin [1900] P 211, De Nicols v Curlier [1900] AC 21), alternatively, the law of the intended matrimonial domicile (recognised as possible in some circumstances in Re Egerton’s Will Trusts [195......
  • Cook v Cook
    • United Kingdom
    • Court of Appeal
    • 21 May 1962
    ...for the power to very such a settlement, it is to be found in the decision of the House of Lords in the case of ( Nicolls v. Curlier 1900 Appeal Cases, p. 21). This matter was dealt with by the learned Judge in his Judgment and, so far as that point is concerned, I entirely agree with what ......
  • Frankel's Estate & Another v the Master & Another
    • South Africa
    • Invalid date
    ...485); Eloff v. Grobler's Executor and Another (1934, C.P.D. 10 at 22); Welch v. Tennent (1891, A.C. 639 at 644); de Nichols v. Curlier (1900, A.C. 21 at 26, 33, 37, 38). The consequence of the rule stated supra can be displaced or avoided only by express contract made in advance of the marr......
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1 books & journal articles
  • Rand on conflict of laws: an independent voice.
    • Canada
    • University of New Brunswick Law Journal No. 61, December 2010
    • 1 December 2010
    ...will be condemned and the suit maintained, because the contract was good in its origin, where made." (43) [1944] S.C.R. 284. (44) [1900] A.C. 21. (45) 1933 Pub. L. New Hampshire c. 118, ss. 10 and (46) J. D. Falconbridge, "Administration and Succession in the Conflict of Laws" (1934) 12 Can......

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