In the Goods of Elizabeth Russell, Deceased

• Jurisdiction: Ireland
• Judgment Date: 26 November 1877
• Date: 26 November 1877
• Court: Court of Probate (Ireland)

Probate.

IN THE GOODS OF ELIZABETH RUSSELL, DECEASED.

In the Goods of MartindaleENR 1 Sw. & Tr. 8: 27 L. J. (N. S.) Pr. & M. 29.

In the Goods of Anne A. Pine L. R. 1 pr. & D. 388; 36 L. J. (N. S.) Pr. & M. 95.

In the Goods of Anne Warren L. R. 1 Pr. & D. 538; 37 L. J. (N. S.) Pr. & M. 12.

In the Goods of Prosser Ante, p. 37.

Practice — Married woman sole executrix and universal and residuary legatee — Refusal of husband of to consent to probate to — Administration with will annexed to nominee of — 20 & 21 Vict. c. 79, s. 78.

630 THE IRISH REPORTS. [I. R. Probate. IN THE GOODS OF ELIZABETH RUSSELL, DECEASED. 1877. Practice-Married woman sole executrix and universal and residuary legateeÂÂÂBefusal of husband of to consent to probate to-Administration with wilt annexed to nominee of-20 4- 21 Vict. c. 79, s. 78. The husband of a married woman who had been appointed sole executrix and universal and residuary legatee in a will under which he did not derive any benefit, having refused to consent to her obtaining a grant of probate, administration with the will annexed was granted (under s. 78 of the Probate Act of 1857, 20 & 21 Viet. c. 79), to a nominee of the married woman. ELIZABETH RUSSELL died. on the 25th of July, 1877, having on the 20th of July, 1877, duly executed a will which was as follows: " I hereby give and bequeath unto Mrs. Sarah Stewart of Marlborough-street, my partner in the business of Vintners carried on by me and the said Sarah Stewart aforesaid, my share of the said premises absolutely, free from all claims by whomsoever. And my will is that the said Mrs. Stewart's present husband, or any future husband or husbands, shall not derive any benefit whatsoever under this my will. And. I hereby appoint the said Mrs. Stewart my sole executrix and residuary legatee. Dated," &c. Mrs. Stewart's husband having refused to consent to her obtainÂÂÂing a grant of probate of the above will, on the 26th of November, 1877, an affidavit to the above effect having been filed Hr. Weir, on behalf of one John A. Longmore, applied to the Court, under section 78 of the Probate Act of 1857 (20 & 21 Vict. c. 79), for an order that letters of administration with the will of the deceased annexed might be granted to the said John A. Long more as the nominee of, and for the use and benefit of the said Sarah Stewart. He cited In the Goods of Martindale (1); In the Goods of _Anne A. Pine (2) ; and In the Goods of Anne Warren (3). (1) 1...