In the Goods of Mary Tallon, Deceased. v Walsh and Others v Tallon and Others

• Jurisdiction: Ireland
• Judgment Date: 20 June 1893
• Date: 20 June 1893
• Court: Court of Probate (Ireland)

Probate.

IN THE GOODS OF MARY TALLON, DECEASED.

and

WALSH AND OTHERS

and

TALLON AND OTHERS.

Murray v. Milligan 5 Ir. Jur. (N. S.) 313.

Practice Affidavit of scripts Party knowing nothing of the case, and out of the jurisdiction Solicitor allowed to make and file necessary affidavit.

Vox.. XXXI.] CHANCERY DIVISION. 393 IN THE GOODS OF MARY TALLON, DECEASED. Probate. 1803. WALSH AND OTHERS v. TALLON AND OTHERS. June 20. Practice-Affidavit of scripts-Party knowing nothing of the case, and out of the jurisdiction-Solicitor allowed to make and file necessary affidavit. Where one of the defendants, who was sole heiress-at-law of the deceased, had resided in Belgium for seventeen years, where she was still living, and had written stating that she had not, nor never had, any testamentary docuÂÂments or receipts belonging to the affairs of the deceased, the Court dispensed with an affidavit of scripts from her, and allowed her solicitor to make and file the necessary affidavit. MOTION ON NOTICE. Application to the President of the Probate and Matrimonial Division for an order that John George Fottrell (a member of the firm of George D. Fottrell & Sons, defendant's solicitors) be at liberty to make and file an affidavit of scripts in the action instead of the defendant Eliza Talon; and that an affidavit of scripts by the said defendant Eliza Tallon be dispensed with. The action was brought for the purpose of having the will of the deceased proved in solemn form. The defendant Eliza Tallon was the sole heiress-at-law of the deceased, and had been for sevenÂÂteen years residing in Belgium, and was living in a convent in that country. She had written a letter stating that she had not, and never had, any testamentary documents or receipts whatever belongÂÂing to the affairs of the deceased. H. Wilson, in support of the application : In a proper case the Court will dispense with an affidavit of scripts from a party to an action and allow some other person, better qualified, to make it : Miller's Probate Practice, 127. In Murray v. Mulligan (1) the solicitor for the plaintiff was allowed to make and file the necessary affidavit. (1) 5 Ir. Jur. (N. S.) 313. 394 LAW REPORTS (IRELAND). [L. R.I. Probate. Shell, for the plaintiffs :- We think this is a proper case for the Court to exercise its jurisdiction. THE Couut made an order in...