HC Deb 29 July 1861 vol 164 cc1764-5

Order for Committee read.

SIR FITZEOY KELLY

moved that the House go into Committee on this Bill. He would not trouble the House by entering into an exposition of the objects intended by the Bill further than to say that this Bill was not intended to invalidate wills already made; but its result would be to give effect to solemn acts done by British subjects in foreign countries, wherever the will was a genuine one, so that the intention of the testator might be carried into effect.

House in Committee.

Clause 1, (Wills made out of the Kingdom),

THE ATTORNEY GENERAL

moved to leave out the words at the end of Clause 1, to the effect that in the case of an Englishman losing his English domicile it shall be presumed that his will was not made in England.

SIR FITZROY KELLY

declined to accept the suggestion. The Amendment would strike at the principle of the Bill.

SIR HUGH CAIRNS

moved that the latter portion of the clause should be amended by providing that the will should be valid if it were framed in conformity with the law of that portion of Her Majesty's dominions in which the testator had his "domicile of origin."

MR. BOVILL

thought the clause as it stood was best.

SIR GEORGE BOWYER

also thought that it would be better not to make any change in the clause. If the Amendment of his hon. and learned Friend the Member for Belfast were adopted a will made abroad according to the Scottish law by an Englishman having property in Scotland would be invalid as regarded that property.

Amendment agreed to.

Clause agreed to; as were the remaining Clauses.

House resumed.

Bill reported; as amended, to be considered To-morrow.