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1955 Supreme(Mad) 209

BALAKRISHNA AYYAR


Advocates:
Sampath Kumar for Messrs. King and Partridge for Petitioner.
The Assistant Government Pleader (K. Veeraswami) for the State.

Judgment

The facts immediately relevant are these. On 31st December, 1929, one Annie Sibthorpe executed a will whereunder she left her property to her two sisters Louisa Sibthorpe and Emma Sarah Sibthorpe. Annie Sibthorpe died on 19th February, 1932. Lousia Sibthorpe made her last will on 15th July, 1948 and she died on 11th September, 1950. On 10th June, 1932, Emma Sarah Sibthorpe executed a will whereunder she nominated Lousia Sibthorpe and Nathaniel to be her executors. Emma Sarah Sibthorpe died on 17th December, 1932. Probate of all these three wills was obtained at various times in the High Court of Judicature in Eire. The petitioner Leslie Davison Miller holds a power of attorney from the executor of the will of Louisa. Nathaniel, one of the two executors under the will of Emma Sibthorpe took no interest in the matter and the residuary legatee of her estate is the Church of Ireland. Leslie Davison Miller holds a power-of-attorney from “the representative body of the Church of Ireland.” On the strength of these powers-of-attorney Mr. Miller has applied for Letters of Administration with the will annexed of the properties of Annie Sibthorpe, Emma Sarah Sibthorpe and Louisa Sibth



















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