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![handle is hein.slavery/ssactsengr0212 and id is 1 raw text is: IV MOORS, 339 CROKER V. HERTFORD (MARQIJIS OF) [1844]
[As to position of bailiff and jurats, see In re States of Jersey, 1853, 9 Moo. P.C.
185; 8 St. Tr. (N.S.) 285; aud Appx. C. at p. 1161. On point as to assessment
of damages, followed in Doss v. Doss, 1866, 14 L.T. (N.S.) 648.]
[339] ON APPEAL FROM THE PREROGATIVE COURT OF CANTERBURY.
The Right Hon. JOHN WILSON CROKER,-Appellant; The MARQUIS OF
HERTFORD and Others, -Respondents * [February 7, 14, and 21, 1844].
A domiciled Englishman (while resident at Milan) executed, in October 1838,
a Codicil, disposing of personal property situate in the United States of
America. This Codicil was holograph, signed, though not attested, but was
well executed, according to the Austrian Law. Held by the Judicial Com-
mittee (affirming the Judgment of the Prerogative Court), 1st, That the
validity of the Codicil was to be governed by the Law of the domicile; and
2dly, That the provisions of the 1st Vict., c. 26, applied to testamentary
papers made in foreign countries by a domiciled Englishman [4 Moo. P.C.
361].
Testator by his Will, made in 1823, directed his Executors to pay any legacies
he might afterwards give by any testamentary writing, witnessed or not;
and after making various Codicils, he, in 1838, made a Codicil, which was
signed but not attested, and by a further Codicil in 1839, duly signed and
attested, he declared that he thereby ratified and confirmed his said Will
and Codicils. Held, that such general reference was not sufficient to
identify and so incorporate the Codicil of 1838, in that of 1839, and Probate
of such Codicil refused [4 Moo. P.C. 368].
The Statute 1 Vict., c. 26, extends generally to Wills made previously to the
passing of the Act, where alterations have been made affecting such Wills,
subsequent to the 1st of January 1838 [5 Moo. P.C. 340].
The question in this Appeal respected the validity of a Codicil to the Will of the
late Marquis of Hertford. The Marquis died in London on the 1st of March 1842.
On his death a large number of testa-[340]-mentary papers were found, consisting
of a Will, bearing date the 25th of February 1823, and twenty-nine Codicils of
various dates from that date to the 26th of April 1839, which were severally ad-
mitted to proof. The deceased left various other script and papers of a testa-
mentary nature, one of which, dated the 28th of October 1838, was the paper in
question, and with respect to the validity of which, this Appeal was prosecuted.
By the Will, the Testator appointed his son, Lord Yarmouth (the present Marquis
of Hertford), Lord Lowther, Mr. J. W. Croker, (the Appellant,) Mr. Hopkinson, Mr.
De Horsey, and Captain Meynel, Executors. In this Will, among other provisions,
was the following:- Whereas I have heretofore made several Codicils or testa-
mentary papers, which it is my wish shall be considered as part of my Will, now
I do hereby ratify and confirm all and every such Codicils and testamentary
writings, and declare and direct that my Executors shall appropriate and apply
any monies, stocks, funds, or other property, either specially or otherwise given,
accordingly; and in the event of a deficiency of such monies, stocks, funds, or other
property so specifically bequeathed, I direct my Executors to apply a sufficient part
of my personal estate, hereinafter bequeathed, for and towards the legacies and
annuities, in such Codicils and testamentary papers particularly mentioned. And
then,[341]after giving all his pictures, plate, jewels, goods, chattels, ready money, and
securities (not previously disposed of), to his Executors, with directions to realize and
pay his debts, funeral and testamentary expenses; and subject thereto, he directed them
to stand charged therewith, upon trust, to pay, satisfy, and discharge the several
* Present: Lord Brougham, Lord Denman, Lord Abinger, Lord Campbell, The
Chief Justice Tindal, Mr. Baron Parke, the VicerChancellor Knight Bruce, and the
Right Hon. Dr. Lushington.](ViewImageLocal?handle=hein.slavery/ssactsengr0212&div=1&collection=&method=preview&ext=.png&size=3)