The Tutelle of Fargus

CourtRoyal Court
JudgeHamon, Deputy Bailiff and Jurats Bonn and Herbert:
Judgment Date19 March 1997
Date19 March 1997
Hamon, Deputy Bailiff and Jurats Bonn and Herbert:

R.J. Michel for the representor;

Mrs. S. Sharpe, Crown Advocate, for the Crown.

Cases cited:

(1) Hellmann's Will, In re (1866), L.R. 2 Eq. 363; 14 W.R. 682, applied.

(2) Lee Hing's Will, In re (1901), 1 S.R.N.S.W. (Eq.) 199; 18 N.S.W.W.N. 239, considered.

(3) Norris, Re (1973), 261 Ex. 166; 1964-78 T.D. 52, unreported, considered.

(4) Official Solicitor v. Clore, 1984 J.J. 81, applied.

(5) Reynel, Re (1952), 248 Ex. 8; 1951-58 T.D. 240, unreported.

(6) Schnapper, In re, [1928] Ch. 420; (1928), 139 L.T. 42; 97 L.J. Ch. 237; 72 Sol. Jo. 137.

(7) Stockwell (ne Transley), In re, Royal Ct., November 30th, 1973, unreported, considered.

Additional case cited by counsel:

Abdel Rahman v. Chase Bank (C.I.) Trust Co. Ltd., 1990 JLR 136.

Texts cited:

Dicey & Morris, Conflict of Laws, 12th ed., vol. 2, at 1028 (1993).

Le Geyt, Manuscrits sur la Constitution, les Lois & les Usages de Jersey, vol. 1, at 162-163 (1846).

Le Gros, Droit Coutumier de Jersey, at 175 (1943).

Report of the Commissioners appointed to inquire into the Civil, Municipal and Ecclesiastical Laws of the Island of Jersey, together with Minutes of Evidence (Command Papers, First Series, No. 2761) (1861).

Robinson, Fergus & Gordon, An Introduction to European Legal History, at 336 (1985).

Conflict of Lawschildrenage of majoritycourt may dissolve tutelle of minor domiciled abroad if has reached age of majority under law of domicile, even though under 20legacy under Jersey will of movables may be transferred to him in jurisdiction of residence

The representor sought to dissolve a tutelle following the minor's reaching the age of majority in England.

A testator who had been domiciled in Jersey at the date of his death made a will of movables under which a minor domiciled in England was a legatee. Shortly after his death and after his will had been admitted to probate, a tutelle was established for the minor beneficiaries and the present representor was appointed tuteur of the minor in question.

When the minor attained the age of majority in England, the representor made the present representation seeking an order that the tutelle be dissolved, submitting that even though the legatee had not reached the age of 21 (preventing the dissolution of the tutelle if the legatee had been domiciled in Jersey), nor had he reached the age of 20 (preventing an enagement from taking place), he had reached the age of majority under the law of England, where he was domiciled, and was therefore entitled to an order that...

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2 cases
  • E (The Mother) v F (The Father)
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    ...JRC185A . S -v- G [2003] JRC 091A . SW -v- RC [2008] EWHC 73 (Fam) . N v D [2008] 1 FLR 1629 . Probate (Jersey) Law 1998. In re Fargus [1997] JLR 89 . Children Rules 2005 Family dispute — application by the mother for orders for the benefit of her children. REASONS THE REGISTRAR: 1 This is ......
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    ...for the representors; M.H.D. Taylor for the trustee; W.J. Bailhache and J.C. Martin for the beneficiaries. Cases cited: (1) Fargus, In re, 1997 JLR 89, considered. (2) Irving, Re (1975), 66 DLR (3d) 387; 11 O.R. (2d) 443, applied. (3) Osias Settlements, In re, 1987-88 JLR 389, applied. Legi......

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