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John Newland, a native of Scotland, died in Jamaica, leaving real and personal estates of considerable value in that island, where he had been long domiciled. He was survived by his nephew and heir-at-law, Patrick Newland, and by his sister and next of kin, Margaret Newland.
Margaret Newland and her husband died, without issue, in Scotland, where they had constantly resided,—the former in 1818, and the latter in 1826.
Thereafter, John Newland's personal property, to which his sister succeeded, became the subject of competition between her nearest of kin and certain trust-disponees of her husband; the former claiming, besides her share of the goods in communion at the dissolution of the marriage, an exclusive right to the bonds bearing interest, island certificates, and island paper, of which John Newland's personal estate, in part, consisted; and the latter claiming the whole of that personal estate, including these securities, as having passed to him by the law of England.
Contradictory averments being made by the parties with reference to the rules of that law, supposed to affect the questions at issue, the Lord Ordinary, before answer, directed a case to be prepared, at the sight of the parties, for the opinion of English counsel, ‘in relation to the points raised on the record, with regard to the nature of the property to which Margaret Newland was found to have succeeded by decree of the Privy Council, and to the respective rights and interest therein, which accrued or belonged to the said Margaret Newland and John Chalmers by the law of England.’
This interlocutor being submitted to review, some of the Judges doubted the soundness of the principle of decision, especially in reference to a new view of the question, founded on the allegation, (which, however, did not appear in the record,) that the succession had not opened to Margaret Newland till long after her marriage with Chalmers. Additional argument was therefore ordered in cases, in which it was
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