Chenevix-Trench Petitioner [1916] ScotLR 160 (20 December 1916)

Chenevix-Trench Petitioner [1916] ScotLR 160 (20 December 1916)

The Court has discretion to grant warrant for the exhibition of deeds in its custody when necessary for the proper conduct of a trial or commission, and precedent supports such an order.

Citation
[1916] ScotLR 160
Parties
Petitioner: Miss Mary Eliza Chenevix-Trench; Respondents: John Theodore Churchill and others; Interested Party: Keeper of the Register of Deeds
Jurisdiction
Scotland
Judgment Date
20 December 1916
Procedural Posture
Petition / Interlocutory Application Prior to Jury Trial
Outcome
petition granted
Legal Topics
Exhibition of Deeds, Public Records, Reduction of Will, Production of Documents
Civil Procedure Probate Exhibition of Deeds Public Records Reduction of Will Production of Documents

Case Brief

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Parties

Miss Mary Eliza Chenevix-Trench

Petitioner

John Theodore Churchill and others

Respondents

Keeper of the Register of Deeds

Interested Party

Procedural Posture

Petition / Interlocutory Application Prior to Jury Trial

Legal Issues

  1. 1 Whether the Court should authorise the Keeper of the Register of Deeds to produce and exhibit the will and codicils at trial and commission for examination of witnesses.

Ratio Decidendi

The Court has discretion to grant warrant for the exhibition of deeds in its custody when necessary for the proper conduct of a trial or commission, and precedent supports such an order.

Court Disposition

petition granted

Orders

  • The Keeper of the Register of Deeds, or person authorised by him, is authorised to attend the trial and commissions with the principal will and codicils and to exhibit them for inspection.