Maddock v Registrar of Titles of Victoria [1915] HCA 10

19 C.L.R.] OF AUSTRALIA. 681

[HIGH COURT OF AUSTRALIA.]

MADDOCK AND OTHERS : ' APPELLANTS ;

AND

THE REGISTRAR OF TITLES OF a RESPONDENT.

STATE OF VICTORIA z 5 S

MILLER AND ANOTHER . 5 : if APPELLANTS ;

AND

THE REGISTRAR OF TITLES OF aa : RESPONDENT.

STATE OF VICTORIA = 5

ON APPEAL FROM THE SUPREME COURT OF

VICTORIA. Administration and Probate—Vesting of real estate—'* Any deceased person"— 'HC. or A. Executor of executor—Hnecutor of administrator—Registration as proprietor— guy Administration and Probate Act 1890 ( Viet.) (No. 1060), secs. 6*, 7, 8, 9*, 12* A —Transfer of Land Act 1890 (Vict.) (No. 1149), sec. 193.* i noma Sey ti. ag Feb, 23, 24,

*Sec. 6 of the Administration and more than one such executor or ad- 25; March8. Probate Act 1890 provides that "' Upon ministrator shall vest in them as joint

the Court granting probate of the tenants," COG, will or administration of the estate Sec. 9 provides that 'The executor | Barton,

or a rule to administer the estate or administrator of any deceased per- 4, {sas and, | of any deceased person, all theheredit- _son shall have the same rights and be @"" P™"Y "9

aments or all the hereditaments then subject to the same duties with respect unadministered of such person, whether to the real estate of such person that held by him beneficially or in trust, executors or administrators heretofore shall vest as from the death of such have had or heen subject to with person in the executor or administrator _ respect to personal estate."

to whom such probate or administra- Sec. 12 (which is identical in terms tion or rule shall be granted, as the with sec. 193 of the Transfer of Land case may be, for all the estate therein Act 1890) provides that '*' Upon the of such person, and if there shall be receipt of an office copy of the probate

H.C. or A. 1915. a