HL Deb 13 April 1858 vol 149 cc946-7

wished, without putting any question on the subject, to call the attention of his noble and learned Friend on the Woolsack to circumstances likely to attend the hearing of appeals from the Court of Probate, established under the recent Act of Parliament. Under the old system the appeal was from the Ecclesiastical Courts to the Judicial Committee of the Privy Council, and such appeals were, he Was informed, usually heard and decided within a period of three or four weeks. Under the Act recently passed the appeal was to their Lordships' House; and the result would be, that if these appeals were brought in in the ordinary course, nearly two years would elapse before judgment could be given, during the whole of which time the creditors of the estate in dispute and the legatees would be kept out of their money. What he would suggest to his noble and learned Friend was that, these appeals should be placed in a separate list, and that arrangements should be made for bringing them on at regular intervals.


was obliged to his noble and learned Friend for calling attention to this subject; but he thought that his suggestion had better be addressed to another noble and learned Lord (Lord Cranworth), who he believed would shortly have charge of a Bill for the amendment of the Probate Act.


said, that he should be happy to take the suggestion of his noble and learned Friend into consideration.


said, he believed that the country would never be satisfied until there was an opportunity of trying appeals at the bar of their Lordships' House throughout the whole judicial year. The cases to which his noble and learned Friend had referred required great despatch, and it would be gross injustice to creditors and legatees to keep them out of their property until such appeals could come on in their regular order. There were many other cases which were not less urgent; and he therefore hoped that his noble and learned Friend on the Woolsack would consider whether some provision could not be made for disposing of the appeals which came to that House in a manner which would be satisfactory to the public and creditable to their Lordships.

Forward to