High CourtsSingle Bench

In the Goods of: Wilson (deceased)

Calcutta High Court · Decided on 1 February 1876 · Citation: (1876) ILR (Cal) 150

HON’BLE JUDGES
Phear, J
ACTS & SECTIONS REFERRED
Succession Act, 1865 — Section 258

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Judgment

1 paragraphs · 93 words

Phear, J.—I have read this Section (258) as if there were a comma after the words "fourteen clear days," and the word "respectively" after "death:" and I understand "letters of administration" not to include the case of letters of administration with the will annexed. The distinction intended by the Legistature appers to me to be this: where a will is proved, the grant may be make on the lapse of seven clear days, but where there is no will, not until after the expiration of fourteen clear days. The application may be granted.