Darbyshire v Darbyshire [1905] HCA 28

OF AUSTRALIA. 7387

tratrix must pay the costs of the appellants and of the H.C. or A.

it defendants of this appeal. 1905. —

aes pointed out that a sum of £269 of the personal property fae .

ministratrix had been paid by her into the estate account, Brack d had been with her consent included in a declaration, that it,

th other moneys so paid, should be considered as belonging to

ate, and asked that this declaration might be varied so as to

le her to apply that sum in payment of the costs ordered to

id by her.

Vasey for the infant respondents.

Per curiam. The judgment will be also varied by excepting e sum of £269 from the declaration.

Appeal allowed with costs. Judgment of Beckett J. restored with certain variations.

icitors, for appellants, Crawford, Ussher & Thompson, ourne.

Solicitors, for respondent Kate Black, Lamrock, Brown & Hall,

elbourne.

Solicitor, for infant respondents, Hales, Melbourne.

(HIGH COURT OF AUSTRALIA.] ORGE ALEXANDER DARBYSHIRE anp ERS .

PLAINTIFFS,

} APPELLANTS ;

BETH WHITE DARBYSHIRE AnD | RESPONDENTS, ; J Cor A. DEFENDANTS, 1905. es ON APPEAL FROM THE SUPREME COURT OF 'MeLnourse, VICTORIA. August 18,21,

istration of Deeds—6 Geo. IV. No. 22(N.S.W.), secs. 1,4 (Real Property Act

1890 (Victoria) (No. 1136), sec. 4]—Memorial—Signature by party before all Cele Od,

lars vmserted in memorial —Validity of registration — Sufficiency of O'Connor JJ.

H. C. or A. 1905. ——

DARBYSHIRE v,

DARBYSHIRE.

AppEAL from the Supreme Court (Hood J.)

HIGH COURT a

particulars—Verification of memorial—' Competent person," who is registration—Priority of equitable over legal title. ia

At the time when a memorial of a deed intended to be registered pi to 6 Geo. IV. No, 22 (N.S.W.), was signed, as required by that Aet, b of the parties to the deed, the day and the month of the execution deed and the name of the attesting witness had not been written upon parchment, but were inserted after the signature was affixed and registration.