Doctor's Commons Unveiled; Its Secrets And Abuses Disclosed With Suggestions For The Reform Of…

Paperback | July 5, 2012

byCuthbert Conyngham

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...separate wills, the above difficulty would be obviated; for, there being a separate real-estate-will requiring probate, a probate duty, (and thereby an available further source of national revenue) in respect of such will, would seem almost a matter of course. And, lastly, the reform suggested would not involve the necessity of endangering important documents, by requiring existing registries to disgorge their wills and records,--the accumulation of centuries. If, therefore, the foregoing suggestions were adopted, the Ecclesiastical Courts and their machinery might be left to themselves as regards the common-form business; and as to the style or title of the courts, that would be a matter perfectly secondary 40 THE PBOCTOBS NOT INJURED. and unimportant. By drawing a broad line between the two species of testamentary paper, all dispositions of real estate by will would, be confined entirely to the Court of Chancery. No argument need be urged on the propriety of there depositing all wills affecting real estate. The fact that at present an official copy of a will filed there can be produced as evidence of title in regard to lands, whilst nothing but the original will itself can be so produced when such will is filed in an Ecclesiastical Court, is sufficient to show that every will touching freehold estates ought, properly, to be proved in the Court of Chancery alone. And as the increase of personal property has, of late years, greatly swelled the profits of proctors, owing to their adoption of an ad valorem principle of remuneration, the proposed alterations might be carried out without inflicting on them the smallest injustice. If a will comprehends both real and personal estate, it must, as the law at present stands, be proved entirely in the...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...separate wills, the above difficulty would be obviated; for, there being a separate real-estate-will requiring probate,...

Format:PaperbackDimensions:20 pages, 9.69 × 7.44 × 0.04 inPublished:July 5, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217698840

ISBN - 13:9780217698849

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