Lord Goddard.-

On 12th June 1936, the respondent issued a writ in the Supreme Court of Judicature, Jamaica, claiming to be the only lawful brother, sole next of kin, and heir at law of Osmond Vincent Marsh, deceased, who died on 11th January 1936, intestate, and claiming administration of his estate. The writ was issued against the appellant because she had entered a caveat and had alleged that she was the widow of the deceased. The statement of claim denied the interest of the appellant and alleged that she had been divorced by the deceased, a decree nisi obtained by him on 10th January 1933, having been made absolute on 19th January 1934. By her defence the appellant disputed the validity of the decree absolute. Concisely stated the allegations set out in para. 3 of the defence were that on 15th January 1934 one E.A.L. Hodge, pursuant to S. 19 of the Divorce Law of 1879 and R.35 of the Divorce Rules appeared in the proceedings to show cause against the decree being made absolute, but that the Court without notice to him and though the period within which under the rules he was permitted to file affidavits in support of his intervention had not expired, proceeded to make the decree