Drummond v Registrar of Probates (SA) [1918] HCA 58

318 HIGH COURT (1918.

H.C. or A. of the land with one deduction only of £5,000. Costs to be costs — 1918. :

in the appeal. Paaeer Order accordingly. Feperau Solicitors for the appellant, Davison & Daniel, Mount Gambier, by _ Conmns- stoner or Rupert Pelly. aot Solicitor for the respondent, Gordon H. Castle, Crown Solicitor for —— the Commonwealth.

B.L.

(HIGH COURT OF AUSTRALIA.)

DRUMMOND . . : . i a APPELLANT ;

AND

THE REGISTRAR OF PROBATES popes: AUSTRALIA) ' RESPONDENT. —

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

H.C. or A. Administration and Probate—Resealing foreign probate—Person entitled to apply—

1918, Executor of deceased executor—Administration and Probate Act 189) (S.A.) (No.

_~ 537), sec. 26 (1)—Additional Rules under the Administration and Probate Act ADELAIDE, 1891 (S.A.), rule 94.

Oct. 1.

Sec. 26 (1) of the Administration and Probate Act 1891 (S.A.) provides that

Barton, "When any probate . . . granted by any Court of competent jurisdiction Gan painys. - «+ in the United Kingdom . . . shall be produced to and a copy

thereof deposited with the Registrar, such probate . . . shall be sealed with the seal of the Supreme Court of South Australia, and shall have the like force and effect and the same operation in South Australia, and every executor

thereunder shall have the same rights and powers, perform the same duties, and be subject to the same liabilities, as if such probate . . - had been originally granted by the Supreme Court of South Australia."

25 C.L.R.] OF AUSTRALIA. 319

Rule 94 of the Additional Rules under the Administration and Probate Act H. C. or A.

1891 provides that "Application for the sealing of any probate . . . 1918. under see. 26 of the Act may be made by theexecutor . . . ortheattomey "~ (lawfully authorized for the purpose) of such executor . . . either in DRrvamonp