IN THE ESTATE OF HOWARD

[1916] VLR 503·Supreme Court of Victoria
[1916] VLR 503
1916 VLR 503
IN THE ESTATE OF HOWARD Supreme Court of Victoria
CUSSEN, J. July 27, 1916, 01 August 1916 Administration and probateAdministrationApplication forTrustee companyAuthorityNext of kinPerson entitled to obtain administrationPerson, to whom administration would be granted, of kin of intestate but not entitled to share in estateWhether such person is one of "next of kin" who may authorize applicationThe Perpetual Executors and Trustees Association's Act (49 Vict., No. 840), s. 4; Administration and Probate Act 1915 (No. 2611), s. 7 (2) .

An intestate died leaving infant children and a brother surviving him, and the circumstances were such that the Court would grant to the brother administration of the intestate’s estate during the minority of the children. The brother, instead of himself applying, purported to authorize a trustee company to apply for administration, and the company applied accordingly.

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[1916] VLR 503

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