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In Re: of the Estate of Horald Rayond Shuttleworth (Probate and Administration Cause No. 170 of 1942) [1943] EACA 82 (1 January 1943)
- Citation
- [1943] EACA 82
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- East African Court of Appeal
- Panel
- Sheridan CJ
- Case number
- Probate and Administration Cause No. 170 of 1942
- Language
- English
More details
- Court
- East African Court of Appeal
- Panel
- Sheridan CJ
- Case number
- Probate and Administration Cause No. 170 of 1942
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that, upon certification by the Air Ministry that the testator was officially presumed dead and after exhaustive enquiries yielded no result, probate of the will could be granted. The court followed the precedent set in the Estate of the Hon. William Alfred Morton Eden, where similar circumstances justified the grant of probate. The practice note and circular from the Probate, Divorce, and Admiralty Division of H. M. High Court of Justice in England were considered authoritative, allowing probate to be granted without further order when death is presumed by official certification. The court found that the evidence presented satisfied the requirements for presumption of death and justified the grant of probate.
Court disposition
probate granted
Orders
- Grant of Probate is made on the documents presented in this case.
02
Material facts
Parties
Estate of Harold Raymond Shuttleworth
Applicant03
Procedural history
Posture
Probate and Administration / Grant of Probate
04
Questions and positions
Legal issues
- 01
Whether probate can be granted on the presumption of death based on official certification and exhaustive enquiries.
- 02
Whether the practice in the Probate, Divorce, and Admiralty Division of H. M. High Court of Justice in England applies to this case.
Party arguments
- Applicant
- The applicant relied on the certificate from the Air Ministry officially presuming the testator dead and presented evidence of exhaustive enquiries made without result. The applicant submitted that, following established practice, probate should be granted.
- Respondent
- No respondent appeared or opposed the application.
05
Court’s reasoning
Legal principles
- 01
In the Estate of the Hon. William Alfred Morton Eden, presumed deceased, 32 T. L. R. 534
Probate may be granted when there is official certification of death and exhaustive enquiries have failed to locate the missing person.
- 02
Circular dated 15th March, 1916, A. Musgrave, Senior Registrar
A circular issued by the President of the Probate, Divorce, and Admiralty Division authorizes a grant of probate without an order upon an oath when death is presumed by the War Office.
06
Ratio, limits and disposition
Ratio decidendi
The court held that, upon certification by the Air Ministry that the testator was officially presumed dead and after exhaustive enquiries yielded no result, probate of the will could be granted. The court followed the precedent set in the Estate of the Hon. William Alfred Morton Eden, where similar circumstances justified the grant of probate. The practice note and circular from the Probate, Divorce, and Admiralty Division of H. M. High Court of Justice in England were considered authoritative, allowing probate to be granted without further order when death is presumed by official certification. The court found that the evidence presented satisfied the requirements for presumption of death and justified the grant of probate.
Obiter and limits
- It is advisable that the circular authorizing probate grants on presumption of death be widely known to save applicants unnecessary expense.
- The practice established in England is applicable and beneficial in similar Ugandan cases.
Court disposition
probate granted
- Grant of Probate is made on the documents presented in this case.
Source and reliance status
East African Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
East African Court of Appeal
Judgment
PROBATE AND ADMINISTRATION
BEFORE SIR JOSEPH. SHERIDAN C. I.
In the Estate of HAROLD RAYMOND SHUTTLEWORTH, Deceased Probate and Administration Cause No. 170 of 1942
Probate—Presumption of death—Practice note.
Held (11-2-43).—On its being certified by the Air Ministry that the testator previously reported missing had been officially presumed dead and exhaustive enquiries concerning him having been made without result the Court granted probate of his will.
Case of In the estate of the Hon. William Alfred Morton Eden, presumed deceased, 32 T. L. R. 534 followed.
ORDER.—I make a Grant of Probate on the documents put before me in this case. There is authority for my doing so in the Probate, Divorce, and Admiralty Division of H. M. High Court of Justice in England in the case of the Estate of the Hon-William Alfred Morton Eden, Presumed Deceased, XXXII T. L. R. 534. in which Horridge, J., said: "There was a circular which had been issued by the President of that Division which ran: —
When it is certified by the War Office that a soldier previously reported missing may be considered to be dead, the President has authorized a grant being made without an order, upon an oath in which it is sworn that such person died on or since the day on which he was reported missing.
Dated 15th March, 1916.
A. Musgrave, Senior Registrar.
It was as well in future that that circular should be known, so that people should be saved the expense of making these applications. In this case he would give leave to swear that the deceased died on or since March 1-2-1915".
Besides the certificate from the Air Ministry in this case to the effect that death has been officially presumed, there is other evidence showing that exhaustive enquiries have been made concerning the missing officer, but unfortunately with no results.
37
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