The Madras Law Journal (Volume 12 )

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1903 Excerpt: ... In re Barnett's Trusts 1902, 1 Ch. 847. Private, International law--Moveables--Lav of domicil--Croun taking as bona vacantia. The maxim mobilia sequitur personam applies only to the distributable residue and applies only to a case of distribution. The distribution of the distributable residue of the moveables of the deceased is (in general) governed by the law of the deceased's domicil (lex domicilii) at the time of his death. The law of the domicil applies only to a case of distribution. But where there is no distribution at all to be made this law has no application. In cases where the Crown claims tho estate of the deceased in default of heirs, the Crown takes it not by succession but as bona vacantia. The principle of such cases is that the right to take that which belonged to no one appertained to the crown as jura regalia. When the Crown is spoken of as the ' ultimut heres' it is not only not English law but it is perfectly inaccurate. The word 'confiscated' is capable of being used in many senses. In the ordinary sense it is applied to a case where the property is taken by the Crown by way of penalty. It is also used in another sense i. e., when the Crown intervenus to take property, because it is vacant or because the deceased to whom the property belonged died heirless. Where.therefore, an Austrian died without leaving any heirs but possessed of personal property in England:--Held that the English Crown is better entitled to take such property as bona vacantia ill preference to the Austrian Government. Wales v. Carr 1902, 1 Ch. 860. Mortgagor and mortgagee,--Redemption action--Coxfs, charges and expenses--Protecting mortgaged estate--Costs of mortgagee's solicitor negotiating loan. A mortgagee's right in a redemption action to be paid the costs, ch...