The Express.
London, England, 1856-06-27 00:00:00

WILLS AND ADIIINISIRATIONS BILL

The SOLICITOR-GENERAL,__ in metal the second
reading of the bill, said he trusted he 'night congratuire
himself that he rose under more happy thapiees than when
he last rose to prapote a similar bill. He was greatly in-
debted to his boo. sad learned hired the member for
Suffolk, sad to his hon. sad leaned heed the member for
Plymouth, who had cosirthattd Emmy supgestkos. It woe
not his 'attrition to state at any greet length the resins
why h• behoved that tholesiastical courts, so far as they had
jariedistios is matters of testacy and intestsoy, should be
altogether abolished. For the last 30 years the Hots* of
Crimea' had had othasioa to onnaidtr that question.
Numerate onetime bad been afforded for the par-
pose of eionsideriag the propriety of altering the
juriadiatien of thine courts. la 1832 • report was made
by the drat ecclesiastical commission, which rthommended
the establithanst of ono tribunal. Is 1833 a similar re-
eomosesdatirm was made is tiro third report of the cost-
lajaeOWE appointed to inquire into the law of reel pro-
perty. Is 1833 • committee was appointed by that home,
the resommendations of which wt re carried into effort la the
pant bill. Similar recommendation had been made
by a oommitthe of the Homo of Lords, by • committee of
that bouts in 1850, and by the Chancery 0041E1216011 ap-
pointed la 1863. It was aiesecethary, thsthfore, to argue
why these essearreat rthommendatioss should be carried
into effort, but It might be desirable to inquire • little into
the chief cease of complaint of the striating courts. It was
necessary to bear is mind that the authority of the scale-
siattkal courts was originally an usurpsd authority. The
Ordiaary assuseo the right of adatiniattring the rotate, sad
by virtue of that Tithe granted hitters of administration and
pr•b ites of wills. If a deceased perms bad property to the
amount of 61. in any one dices.* it was requisite that per-
bate should be takes out in that dims% The diffloolty
arising from this state of Viborg was augmented by
exempt tad peculiar juriadictioss, to the number of
• about 360. Halmos' instances bad occurred in which it
,• had hoes secersary to take Oct athirst" la four waits, and
it was not ea unmanl thing to have six prottitn of
the same will in differest parts of the kite/dons.
Now there was trolling at .11 is the nature of the will that
should site it with an icolesbutical court- Tire antlasti.
cation of a will, the c institution of a personal rspressaia-
tire, the administration of an estate, were all matters
pricaliarly of • civil sitars. At present there were three
tribunals which laid claim to jarkodictioa is matters cot-
earning the regulaUess end distribution of the estate of a
deceased person. The ecclesiastical wart determited on
the due ezecatioa of the Isetramest, and the competency
or iscompottecy of the testator. After this difficulty was
got over thin craze the slain of the oourto of common low
to determine the question of the sully or instal', of the tes-
tator, sad the sufficiency of the will with meted to reel estate,
and the dthisioss atilt ecalesiastioal gouda were of to avail
in the courts of 'remotes law, and on the other heed hat
&salsas Oho mires of wanes law were of so avail is
the esthelastietl wart. Thin, if crouton arose fir the in-
terposition of the Court of Cbaseery it instituted proceed-
ings of its own for the perms of arriving St • conclusion,
end had entire thriedietios it the administration of estate..
He truthd the lease weald sores with him that these evils
ought to be remedied, and this raosdasted them at tees to
what should be the 'institution sad character of the new
conic to he substituted for these roadisting and varying
jsriedietiets. He did sot propose to Hail the remedy
merely to the abolition of the.. I ariedirtions. He wanted
o thesimplialt,Joteides, • great object la the Improvement of
ttlasiittial iodations of this coaatry. He proposed to
a Me ssiterity of reflective t• the esettelaninal wart.
and to esintilete a lofted whist' sheald unite in itself all
the pewees elf • man ef law, sad all the powers of • court
of equity, sad tbe power of dotereslaisu all vies •
tier of team" or . He proposed that all the
'vides°, is that testi shield takes vas axe, as was sow
dose is the coolie of emotes I.w. She nest ob.
jest was to provide fee the adminietretiois of tee
estate of • teetater K istestater. At present then
was often great didleiskt r that rupee. Wets there
was say dispute as to a will, there was no nprethatative of
the estate, sad it was Impartible to collect debts% or to pay
debts, or to provide la an edisquete manner for the manage-
moat of the property. Is ems degree that was resodied
by applying es the Court el Mowry for • receiver praisers
Ma, bat that remedy was as inesalt sm. He proposed
that the court should,by th• medium of its own atom,
saperietesi setae a, Ind that it SWIM else be armed with
tbei power of administration. It was desirable that the
court should base as isdopeadeatjaviediedes, that Reheard
set be united up with the Genet of Clumeery, sad that it
should set be draws late ON "SOW MOM of lb. Court of
Chimney. That bed Ines ha *uses brew ocessiose
bat be had beau miseepeorstad. He bad tikes can.tier.
fere, to embody is the went bill an samietakoably *lsar
outs rest, es that it wield be impossible for any ens to soy
that ohs boldness or the peoeodure of tbe wart would is any
manor be mined up with the Cowie of Equity. Ho bed,
however, In earsissee with • suggestion from Sir F. Kelly,
provided that there should, beddis as appeal to the Hoses
et Ueda, be ea intermediate appeal to the Lords Jostler,.
He gespeeed that the new sear' should have power, under
sees& rootrictioaa, of appistlasi a repessostetivo is
respect of real property is the some way as the Emir
Sinai Court sow appointed a lead Israelis' se.
pressetelive of • diseased penes, and he astleipatosi
that this would is may lostessist obviate the necessity of
stoselleg Ike COSA Of Oheasay, end lassy
new &Ties eihnisititellenyreski be 'voided. It

;Vas s7sikis;i- ia-airerel aLi
einnisteetisa paineal setated=„moategerd te makes
aniessam ollb need te
llelli=ie nab man le • snit .Niel
la▪
wmen. IS Oat ateattan 11.11111 ban lbe MIS ...arty
Mat *ea debts nada be paten of the wane. to a lan
of beakeeptsy. lie Ate pettandl t►at the ..en Ara
ban puns Is rut enemata of latestny. ♦t