The Sun.
London, England, 1834-02-10 00:00:00

LOCAL TESTAMENTARY COURTS.

IT is understood that an extraordinary tnea-
A- sure is now in preparation, which, if carried into a
law, will produce the most alarming alterations in the
existing mode of pre,erving wills, and of taking out pro-
bates and letters of administration m every part of this
kingdom, not comprised within the precincts of the me-
tropols. This Bill is said to contemplate, in the first
place, the immediate removal to London of all original
wills. from the places where they are now deposited
throughout the several counties of England and Wales ;
and to provide that in future all such instruments shall be
regularly transmitted to Doctors' Commons, to be there
p rpetually retained. Consequently, if this measure be
suece.sful, pen sons living at a distance from the capital
will be precluded, in future, from obtaining authentic
inf-rmation as to the contents of any will in which they

may be interested, unless they submit to the inconve-
nience and expense of journeys to and from town. or pay
an agent specially employed for the purpose. Thus, in
either case, they must incur heavy charges not hitherto
imposed on inclividuals resident in the country, and fi ow
which the inhabitants of the metropolis would be altoge-
ther free. How are the probates and letters of admini•
stration annuilly taken out at short distances from the
homes of the parties, through the instrumenta,ity of the
local tribunals, to he obtained by country families under
the new B:11? It is impossible to devise any machinery
for the accomplishment of Ibis object, that will not very
considerably incre,se the rate of expense which it now

r• quires.
It was stated in evidence before the Ecclesiastical Com-
mis•ioners, as well as before a Committee of the House of
Commons, that wills have been proved at D.ictors' Com-
mons of persons actually living when the probates were
taken out; and that letters of administration have been
granted to persons having no title thereto, upon the secu-
rities of men of straw By stratagems of this kind great
frauds have been perpetrated. Can it be doubted that the
proposed system of having all the country business trans•
acted through that Court, but at various and remote dis-
tances from it, would suggest ii resistible temptations for
new frauds of a still more formidable character ?
By reason of the present state of the law with respect
to bona notabilia, and of the fact that the great mass of
the personal property of the kingdom is centred in the
metropolis, probates or administrations appertaining to
effects of large amount are now usually taken out at Doctors'
Commons ; while those disposing of personal chattels of
small amount are, for the most part, taken out in the
county. The former are not often under the sum of
1 0001. ; the latter very seldom exceed that sum. Tile
annual number of probates and administrations taken out
in the country Courts is about fourtee❑ thousand ; and of
these, twelve thousand five hundred are under 1,0001.,
seven thousand are under 2001., and four thousand seven
hundred are absolutely under 1001. Therefore, the new
Bill is designed to impose upon the small properties of
the country a new species of taxation, which is not to
he levied on the riches cf the higher orders !—snd for
what purpose ? Simply, that the Prerogative Court may
monopolise all the testamentary jurisdiction now distri-
buted over the face of the kingdom.
By way of finding a pretext for this unwarrantable in-
novation upon the ancient usages of the realm, the report
of the Ecclesiastical Commissioners, who seek the ag-
grannisement of the Metropolitan Court, has charged the
local tribunals with ignorance and carelessness in making
grants of prosate or administration. But evert those
Commissioners have not been able to found that charge
upon a single statement of fact. It was necessary to their
purpose to annihilate the local tribunals ; and, acting as
judges in their own cause, they have pronounced those
establishments guilty, without caliiag for any defence, or
having before them even the shadow of any evidence to
justify their sentence.
Inasmuch, therefore, as the Bill in question, thus pro-
posing innovations which must in every point of view be
attended with great inconvenience and expense to all per-
sons resident in the country parts of England and Wales,
affects to be founded upon the alleged incompetency of the
local courts to transact the testamentary business hitherto
confided to those tribunals from a period beyond the me•
mory of man, the Registrars, Deputy Registrars, and
other officers of the country courts, do hereby resolve and
declare:-
1. That the charges brought against the Local Courts
of Testamentary Jurisdiction in the Report of the Eccle-
siastical Commissioners, dated the 15th of February,
1832, are founded on the mere unsupported opinions of
individuals not having actual personal knowledge on the
subject, and whose evidence would, on that account alone,
be inadmissible in any court of justice in this kingdom.
2. Ttiat it is shown by the evidence of the Solicitor to
the Bank of England, that the Prerogative Court of the
province of Canterbury has already exceeded its juris-
diction in those cases, where the alleged Bona Notabilia
consisted solely of stock in the Public Funds ; although
it would appear that the title to such stock follows the
person of the testator, and therefore, that the grant of
the country courts as to such stock would be perfectly
valid. Hence, it follows, that the due authority of the
country courts has been alre idy invaded; and that, in-
stead of being further limited, it ought to be fully pro-
tected by a clear definition of the law upon this subject.
3. Tuat if the Legislature consider the country courts
now existing to require consolidation or improvement, we
hereby pledge ourselves to render all the assistance in our
power, in order to effect those obj,cts, and thus to in-
crease as much as possible the manifold advantages, which
Local Tribunals for the administration of justice in every
shape are calculated to confer upon the people of this
kingdom.
4. That if any such local establishments be in want of
uitable depositories for the safe custody of wills, and for
allowing easier access to the same, we hereby resolve that
such depositories and facilities of reference shall be pro-
vided without any expense to the country.
5. That the Committee do meet from time to time, in
order that they may firmly resist any clauses in the pro-
posed Bill: which may tend to impair the efficacy of the
local testamentary tribunals, and so to diminish the great
public advantage of bringing home justice in a cheap and
convenient form to every man's door.
(Signed) ROBERT SWAN.
Secretary to the Associated Registrars, Deputy Regis-
trars, and other officers of the Country Courts.
Richardson's Hotel, Covent-garden,
sth February, 1331.

The Duke and Duchess of Northumberland
are expected at Northumberland House for the season on
the 20,h inst. ; shortly afterwards their splendid mansion
will he thrown open to the fashionable world.
We hear that his Majesty is likely to take
into his most gracious cansideration the disabilities under
which the Naval Knights of Windsor at present labour,
in comparison with the advantages enjoyed by their
brethren, the Military Knights. The benevolent dispo-
sitii:n and liberal sentiments of his Majesty, whenever
is
is in his power to contribute to the happiness or welfare
tit any portion of his subjects, are too well known to need
any comment.— Windsor Express.