County Officers and Courts (Ireland) Act, 1877

Contentious probate jurisdiction extended.

46. When it shall be made to appear that any deceased person, in respect of whose estate a grant or revocation of a grant of probate or of letters of administration shall be applied for, had at the time of his death his fixed place of abode in any county, and that his personalty did not at the time of his decease exceed in value the sum of five hundred pounds, exclusive of what the deceased may have been entitled to as a trustee and not beneficially, but without deducting anything on account of the debts due and owing from the deceased, and that the annual value of the lands, if any, of which the deceased at the time of his death was beneficially seised or possessed did not exceed thirty pounds, the chairman of the Civil Bill Court of the county shall in addition to the jurisdiction now possessed by him in every such case, have the contentious jurisdiction and authority of Her Majesty's Court of Probate in Ireland in respect of questions as to the grant and revocation of probate of the will or letters of administration of the effects of such deceased person in case there be any contention in relation thereto.

20 & 21 Vict. c. 79.

The Probates and Letters of Administration Act (Ireland), 1857, and any Acts amending the same, so far as they apply to the exercise of contentious testamentary jurisdiction by such Acts conferred on the Civil Bill Courts, and the provisions as to appeals in such cases, shall apply to the extended jurisdiction by this part of this Act conferred. In all cases of contentious testamentary jurisdiction the chairman shall have power to direct that any issue or issues in fact shall be tried before himself in the Civil Bill Court by a jury.