, 1892-02-03

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Interference of the Dealing Court with this
Estate. The practice now commenced is un-
fair to parties in Christiansted, where the
Dealing Court sees fit to interfere, and where
therefore there is a charge for that, while no
such interference takes place sewhere except
on demand f the parties concerned. No
thing is done in such cases, awaiting the arrival
of the Grant.
The Governor 1t is so, then, that the
Executors were not by the Deslingmaster
performing the act Of Registration prevented
from proceeding in the affai, Of he Dealing:
the question then reduces itself partly to
this, whether it was the duty Of the Dealing
Court to do as it has done, pending the pre-.
sentaiion in Court of the Royal Grant on@the
viii but that is clearly a question to be
decided by the Courts. and the Administration
oan not interfere; and as far as the first part
of the Interpolation ia concerned, he must
snswer that the Government cannot interfere
Enthusiastically with that matter. With re-
gard to the second part of the Interpolation,
whether the Government would take steps by
legislative enactment to prevent the registra.
ton and sealing in estates, where Executors
are appointed by the Will Of the deceased. he
could only say that it is' extremely doubtful
If it could be right at all to attempt to alter
the existing legal state of things if it is to
be do 9, it could only be by the Legislature,
and it is a matter Of course that at all events
such anattempt should only be made when the
existing state of things was clearly proved to
be unsatisfactory, but this one single case
could not afford a warrant for the Legislature
TO act in this matter.
Ind Member for Christiansted (Stdkemaan):
To appeal, would cost money, and the Execu-
tors would not feel themselves justified in
IL - 49, a. 80
itself could not be undone the only thing is,
il it we're found to be wrong, the Dealing
Master would have to pay the expense from
his own POCKET. But the great question is,
if there should be inventory taken at all in
Denmark it lie not necessary. and certainly
there can De no greater prospect Of the Colo
NAL Treasury losing its fees, than there was
Of the State Treasury. In reference to His
ExcellencY's reply, it is certainly so, that this
Is the first question that has arisen but then
we should not wait until other cases arise
there are not many Dealings to 20 to Execu-
tors, and it might be long before another sim
liar question arises he did not think that it
could or would ever occur in West End, and
in st. Thomas, the opposite rule has been
followed for a number Of years in Chris
tiansted the present Dealing Muster has
only been q short time in Office, and
perhaps nc ulu not know Ln3C Ou law. 10
try the question by. appeal is therefore not
practicable if the ~testatrix were alive, it
might perhaps be otherwise, and abe might
perhaps have been willing to pay FOR that.
B 1t hs W 'ull say that anyhow the Govern
ment should refund the expense of the inven-
tory, aud til vt would be sufficient Indication
that the Government did not approve of the
proceeding i'll question. The individual died
on Saturd " and was inferred Sunday; Mon
day the Will was produced, and the next day
the petition with copy Of Will a d translation
of the Will, a document of 8 folio pages. were
handed in; il the translation of the Will had
been given to the Notary Public to perform,
the delay III transmitting TO the Government
would have been much greater.
The. Goveraor: If the honorable Member
should see fit TO come in with a memorial to have
the fees refunded, that must be his affair and the
Government will then investigate the ques-
ton ct present he was not prepared to say any
thing further in that respect.
2nd Member for Christiansted (Stakemann)
would beg to say that there is q Ministerial
Decision, that in Dealings when heirs are of
age or absent, then steps can be postponed
until heirs send their power or guardians be
appointed; this Dealing would have come under
Dealing Court Administration if there were
no Executors; hence it is a similar instance.
3rd Member for Fl ederiksted's Country Dis
Erick (HeHftf). In SO far AZ the public.is in.