The Archive · 1879

UNITED STATES CONSULATE- GENERAL

Shanghai, 19th May, Before D, H. Batzey, Eaq., Vice-Consul General.

Estate of Epwiw Maverce Sutra, deceased, The Counr said this was an application on the case wil and testament of Edwin Maurice the part of John Petrie Bisset for the probate of

iti in the ere were certain objections the probate of the lear the argument, Mr, Wamzwarcur said he appeared. in support of the petition, it. Davaaiox with Mr. Henderson appeared on behalf of the estate and for the and beneficiaries under the will now residing in the United States.

Mr. Hexpexsox supposed the usual com ould be adopted, varnaly to frst hear argument on the objections as to whether th were sufficient to upset the was the course taken in the United States in reference to.these ki matters, and' it would give Mr, Wai wright a full oppor tanity to know what.the objections wore: and to hear the argument in support of them, Mr. WAINEWRIGHT said he should like to know who the heirs and benefici and who had instructed his learned appear on their behalf? If there were heirs and beneficiaries who objected to the probate of the will it should be strictly proved. The proper course in a proceeding of this kind was for the petitioner to prove his case to the satisfaction of the Court, except when a caveat had been Todged against the will by some person entitled to dispute it. But persons had come to the Court and said they ai peared for the estate and the heirs and beneficiaries under the will, but he did not know what interest the estate, as an estate, could have in opposing the probate of the will if the application uow made by his client was ly based. Ax he understood the matter The Court had appointed an officer who was styled "receiver." He took it that in reality that officer was nothing more nor leas than what was called in some American ministrator" to protect and the proper administrators or executors claimed probate, and did not come forward immediately did not alter their position. An interim or special administrator was a legal officer, but the very second a proper person came in and'claimed probate the functions of special administrator ceased, and as the representative of the executor of the will he maintained that-Mr. Henderson bad no stand. ing in Court. He (Mr. Wainewright) repres

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