Rowland Egerton against Ed. Egerton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1791 |
| Date | 01 January 1791 |
| Court | Court of the King's Bench |
English Reports Citation: 79 E.R. 296
IN THE KING'S BENCH.
case 15. rowland egerton against ed. egerton. The King's Bench will not prohibit the Spiritual Court from granting probate of a will on the ground that it may prejudice a trial at law respecting its validity, nor because it contains a bequest of real as well as personal property; but if in such case the sanity of the testator come in question, a prohibition shall go for the whole. 2 Roll. Ab. 315. Cro. Car. 94. 115. 166. 396. 6 Co. 23. 2 Roll. Rep. 431. Palm. 120. Jones, 355. Salk. 552. Hard. 313. 1 Mod. 90. 239. 3 Atk. 546. Powel on Dev. 688, 689. Cowp. 287. 330. 422. 424. 2 Term Rep. 473. Prohibition was prayed to the Prerogative Court to restrain their proceedings there, in proving the will of Sir John Egerton, who thereby had disposed of all his personal and real estate, and disinherited his right heir, and gave nothing to any of his grandchildren. The ground whereupon this motion was made to have a prohibition for the whole will was, in regard it was intended to have a trial at law, whether it were a will or not; and if they should be suffered to proceed, and prove the will there, and to allow it there, for his personal estate, it would then be a very great evidence to induce the jury upon a trial to pass for the will; therefore to prevent the prejudice to the trial which afterward was to be had in this Court, a prohibition was prayed for the whole. It was also further shewed, that Sir John Egerton's daughters (during that suit for the probate of the will) had taken letters of administration out of the Prerogative Court for the personal estate; by which act they had there in a manner disallowed of the will. And this the Court...
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Denn's Case
...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......
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Hill against Thornton
...and made bequests of divers goods 1" for the bequest of goods is cause ecclesiastic. Ante, 94. 113. 115. Post. 391. 396. Hobart, 192. Cro. Jac. 346. 576. 4 Com. Dig. 511. Cowp. 424. 2 Term Eep. 473. Prohibition ; the plaintiff therein surmising, that his father died seised of such lands, wh......