The Duke of Dorset v Lord Hawarden
| Jurisdiction | England & Wales |
| Judgment Date | 20 April 1842 |
| Date | 20 April 1842 |
| Court | Prerogative Court |
English Reports Citation: 163 E.R. 661
PREROGATIVE COURT
S. C. 1 Notes of Cases, 412, 6 Jur. 350.
the duke of dorset v. lord ha.warden. Prerogative Court, April 20th, 1842. -A testatrix appointed an executor by the description of '' Lord Sackville," and " Lord George Sackville " It appeared that there were only two persons to whom the description could apply, viz " Charles Lord Sackville, Duke of Dorset," and the c Hon. George Germain."-Held, under the circumstances, that the former was the party intended. [S. C 1 Notes of Cases, 412 , G Jur. 350 ] On petition In this case the Duke of Dorset claimed to take probate of the will of Charlotte Leighton, deceased, as being one of the two executois named therein. The testatrix died in September, 1841, by hei will, dated the 2nd of April, 1839, 6$2 THE DUKE OF DORSET V. LORD HAWARDEN 3 CURT. 81. she " gave and bequeathed unto her cousins Lord Hawarden and Sackville, a thousand pounds a piece, provided they consented to take upon themselves the trust of executors to that her last will and testament " "And she nominated, constituted, and appointed the said Lord Hawarden and Lord George Sackville executors of that her will and testament." The folio-wing are the facts material to be adverted to :-In 1770 the Right Hon. Lord George Sackville, the father of the Duke of Doiset, assumed, by virtue of an act of Parliament, the name of Geimam, and continued to be known as Lord George Germain until 1782, when, by letters patent, he was created Viscount Sackville and Baron Bolebrooke. In 1785 he died, leaving two sous, viz., the present Duke of Dorset, and the [81] Hon. George Germain, who died in 1836. The Duke of Dorset was born on the 27th of August, 1767. In 1770 he became the Hon. Charles Germain, and continued to use that name until the death of his father (in 1785), when ha succeeded, to the title of Viscount Sackville, and was styled Viscount Sackville (or popularly) Lord Sackville, down to 1815, when, upon the death of his cousin, he became Duke of Dorset From 1775 until 1800 he was upon terms of intimacy with thfi deceased, who it appeared by affidavits entertained great esteem and regard for him, ami always speaking of him as her cousin, and as Lord Sackville. About thirty years before her death the deceased retired from society, her place of abode being concealed from her family, with whom she had ceased to have any inteicourse or correspondence from about the...
To continue reading
Request your trial
-
Merryweather against Turner
...trusts thereof carried into execution by and under the decree and direction of that Court; that proper persons 908 MERRYWEATHER V. TURNER 3 CURT. 80. might be appointed to be trustees thereof; for a receiver, and that the executors [8041 might be restrained from receiving the deceased's rea......