No. 26) when any probate or letters of administration granted by the Supreme Court of any of the Colonies of New South Wales, New Zealand, Queensland, South Australia, Victoria, or Western Australia, or an exemplification of such probate or letters of administration shall be produced to, and a copy thereof deposited with, the Registrar of the Supreme Court, and all such duties as would have been payable if such probate or letters of administration had been originally granted in Tasmania have been paid, and, in the case of letters of administration, such bond has been entered into as would have been required if such letters had been been originally granted by the Supreme Court of Tasmania, such probate, letters of administration, or exemplification shall be sealed with the seal of the Supreme Court of Tasmania, and shall have the same effect and operation in Tasmania, and every executor and administrator thereunder shall perform the same duties and be subject to the same liabilities as if such probate or letters of administration had been originally granted by the Supreme Court.

Victoria.

The statute law of Victoria as to the granting of probate and letters of administration, is contained in the 15th and 16th sections of 15 Vict. No. 10, " An Act to make provision for the better administration of justice in the Colony of Victoria," Act No. 230, "An Act to make undevised real estate distributable among next-ofkin, and to provide for the administration of the estates of deceased persons in certain cases" (the 4th, 5th, 6th, 7th, 14th, and 32nd sections, and the second, third, and fourth schedules of which have been repealed by No. 427, s. 2), and the Administration Act, 1872 (Act No. 427). By the 15th section of the first of these Acts, the Supreme Court has ecclesiastical (now called probate see The Administration Act, 1872, s. 2) jurisdiction within the colony, and has power and authority to grant probate of the will of any person who shall die leaving personal effects within the colony, and to commit letters of administration of all the personal effects within the colony of any person who shall die intestate, and to commit letters of administration with the will annexed of all the personal effects within the colony of any person who shall have made a will without having named an executor thereof, or without having named an executor thereof resident

within the colony, or where the executor being duly cited, shall not appear and sue forth probate (with reservation in any of the two last-mentioned cases, to revoke such letters of administration, and to grant probate of the will to the executor therein named, when he shall appear and sue forth such probate), such letters of administration to be committed to any person, whether of kin to, or a creditor of the person so dying, or not, as to the Court shall seem meet.

If the testator names an executor not resident in Victoria, the practice is not to grant probate to the executor (a), but letters of administration with the will annexed to his attorney (b): (if the power names two attorneys the practice is to grant administration to one only (c)). However, where both executors were resident in New South Wales but at a town on the Murray, the river which forms the boundary between Victoria and New South Wales, Molesworth, J., granted probate "without dealing generally with the position of executors out of the jurisdiction" (d), and in

(a) In the Will of Slack, 8 Vict. Law Rep. (Ins. Prob. and Matr.) 23.

(b) For cases where this has been done, see In the Goods of Webster, 3 Wyatt, Webb & A'Beckett (Insolvency Eccles. and Matr.) 70; In the Estate of Von Stieglitz, 3 Victorian

Law Rep. (Ins. Prob. and Matr.) 35.

(c) In the Estate of Donald, 4 Victorian Law Rep. (Ins. Prob. and Matr.) 46; In the Will of Macdougall, ibid., vol. 7, p. 23.

(d) In the Will of Burke, 5 Victorian Law Rep. (Ins. Prob. and Matr.) 69.

another case probate was granted to an executor resident in Sydney, but who was in the habit of making frequent and protracted visits to Victoria, but the security usual in the case of a grant of administration was required (e).

If the real and personal estate of the deceased does not exceed £500, and no caveat has been entered, the registrar of probates and administrations may, upon application to him, or to the registrar of any county court, grant probate or administration in the name and under the seal of the Supreme Court (the Administration Act, 1872, ss. 18 and 19).

Rules (f), dated 23rd June, 1873, have been made by the judges of the Supreme Court under the powers conferred on them by the 17th section of the last-named Act. According to these rules no probate or administration shall be granted to any person except after the expiration of fourteen days from the publication of an advertisement in one of the Melbourne newspapers, of his intention to apply for the same.

Every application for probate or letters of administration, with the will annexed, must be supported by an affidavit or affidavits setting

(e) In the Will of Neville, 8 Vict. Law Rep. (Ins. Prob. and Matr.) 29.

(f) See the Victorian Sta

tutes, Melbourne. Printed by John Ferres, Government Printer, 1877, vol. 4, pp. 2795 to 2800.

D

forth the death of the testator, the time of his decease, that he has left a will, the date thereof, the name and residence of each executor, and of each of the subscribing witnesses thereto, an identification or statement of the contents thereof, a statement of the value of the property, distinguishing real and personal, a search in the Registrar General's office for any other will deposited, the publication of advertisement, and that no caveat has been lodged up to the morning of the application, and if the will has been executed by the testator affixing his mark thereto, then an affidavit of the due execution thereof, and of the cause of it being by mark, must also if possible be made by one or more of the subscribing witnesses thereto.

If the will has been proved in England (g), or elsewhere (h), either the original probate or an exemplification under the seal of the Court granting it, must be produced (g). Some evidence is required that the deceased had property in the country where probate has been granted (i), although if it appears by the exemplification that the assets have been sworn under a certain sum

(g) In the Goods of Whitaker, 2 Wyatt & Webb (Ins. Eccles. and Matr.) 114.

(h) In the Estate of Severne, 6 Victorian Law Rep. (Ins. Prob. and Matr.) 1.

(i) In the Estate of Von Stieglitz, 3 Victorian Law Rep. (Ins. Prob. and Matr.) at 36; In the Will of Grove, ibid., vol. 5., p. 88; In the Estate of Piper, ibid., vol. 8, p. 45.