π’ Curator of Intestate Estates, Otago
ⓘCollected from local cache
Raw data from Axiell backend
Array
(
[entityType] => ITEM
[entity] => Array
(
[contextId] => aims
[description] => Array
(
[0] => No summary is currently available
)
[id] => AAEM
[idSort] => AAEM
[name] => Curator of Intestate Estates, Otago
[custom] => Array
(
[custom1] => Location
Supreme Court, Dunedin
Other Authorities
Agency Documentation shows;
Curators of Intestate Estates Act 1865
Curators of Intestate Estates Act Amendment Act 1866
Curators of Intestate Estates Act Amendment Act 1869
Curators of Intestate Estates Act Amendment Act 1870, however none of these are shown in the relevant Statutes.
[custom2] => New Zealand Gazettes 1867, 1873
New Zealand Statutes 1865, 1866, 1869, 1870, 1873
Appendices to the Journals of House of Representatives 1864-1865
)
[identifier] => Array
(
[priref] => Array
(
[0] => 117
)
)
[agentControlRelation] => Array
(
[0] => Array
(
[name] => Self-Governing Colony of New Zealand
[type] => controlled_by
[hasBeginningDate] => Array
(
[normalizedValue] => 1867-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[hasEndDate] => Array
(
[normalizedValue] => 1873-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[itemType] => Organisation
[relationHasSource] => A0005
)
)
[agentMandateDisEstablishing] => Public Trust Office Act Amendment Act 1873 ( See Author Notes)
[agentMandateEstablishing] => Order-in-Council, 7 December 1867
[agentMandateOther] => Array
(
[0] => Curators of Intestate Estates Act Amendment Act 1870
[1] => Curators of Intestate Estates Act 1865
[2] => Curators of Intestate Estates Act Amendment Act 1866
[3] => Curators of Intestate Estates Act Amendment Act 1869
)
[agentType] => Other
[authorityRelation] => Array
(
[0] => Array
(
[name] => Letterbook (Outwards), Curator of Intestate Estates, Otago
[type] => controlling
[hasBeginningDate] => Array
(
[normalizedValue] => 1868-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[hasEndDate] => Array
(
[normalizedValue] => 1873-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[itemType] => Series
[relationHasTarget] => 631
)
)
[digitalRecordInArchive] =>
[hasBeginningDate] => Array
(
[type] => YearStart
[normalizedValue] => 1867-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[hasEndDate] => Array
(
[type] => YearEnd
[normalizedValue] => 1873-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[history] => Curator of Intestate Estate Act 1865 sought to make better provision for administration of estates of persons who have died where no will or letters of administration have been proved or granted. The Act repealed the Real Estate Administration Act 1860, Official Administrators' Act 1861, sections of the Supreme Court Act Amendment Act 1862, and Supreme Court Rules - Legislative Council Ordinances 1844 No 1 and 1846 No 12, touching the administration of estates and effects of persons deceased.
In Otago, the Act was brought into force by proclamation in 1867. Alfred Chetham Strode was appointed Curator. Previously, intestate estates were administered by the Registrar of Supreme Court in his capacity as Official Administrator of Intestate Estates. Curators were subject to the summary jurisdiction of the Supreme Court.
On receiving information of the death of any person (Europeans only), the Curator applied to the Supreme Court for a rule or order, having given affidavits that no grant of probate of any will or letters of administration had been made. The act also made it possible for any person to appoint any Curator to administer his estate. No rule was required for estates under £50 in value.
The Act made provision for the Curator to administer the estates of persons dying insolvent, and the real estates of absentee heirs. The curator was required to pay all money received into the Colonial Treasury, usually to the Colonial Sub-Treasurer in the Curator's district. Curators received a salary and commission.
The Act lists the books the Curator was required to keep:- an alphabetical inventory or lists of estates which the Curator was appointed to administer, letters inwards and copies of letters outwards, and all deeds and papers relating to estates. The curator was also required to give a security of £2000 against non-performance of duties.
The Act also makes provision for transition of administration from Official Administrators to Curators. The Act required the Curator to make and have published in the New Zealand Gazette returns detailing:-
1. Balance Sheets of individual estates
2. (Monthly) Particulars of estates placed under the Curator's charge; and
3. (Quarterly) Schedule of balances paid into the Treasury.
In addition, published in Gazette, were regulations made by Governor regarding when the act came into force in the district, appointments, definition of Curators' districts, the securities required from the Curator, and the amounts to be deducted and paid to the credit of the Intestate Estates Fund. Other regulations were made, from time to time, such as stamp duties, who the Curator should pass accounts to for audit, and other publications where returns may be published. In Otago this was the Otago Provincial Government Gazette.
The Act was amended in 1866, 1869 and 1870. The 1866 amendment sets out provisions relating to; the appointmentof the Curator; division of New Zealand into districts; that Curators may apply for administration after three months if no administration already granted; provisions for dealing with estates which have perishable property; and percentage to be deducted under Intestate Estates Fund.
The 1869 amendment repealed the amount of the security to be given. Security required was to be determined by the Governor.
The 1870 amendment clarified provisions for administration of estates under £50 in value, gave indemnity for past transactions and ordered small estates to be wound up.
In 1872, the Public Trust Office was set up, considering that the Public Trustee could take over other functions and be more effective. In 1873 Curators' districts were abolished and on 8 May a Curator for New Zealand was appointed.
[isAssociatedWithPlace] => Array
(
[0] => Array
(
[location] => Dunedin, Otago
)
)
[itemType] => Agency
[rdfType] => agent
[recordIsMissing] =>
[sequentialRelation] => Array
(
[0] => Array
(
[name] => Public Trust Office, Dunedin
[type] => successor
[hasBeginningDate] => Array
(
[normalizedValue] => 1873-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[itemType] => Agency
[relationHasSource] => DAHT
)
[1] => Array
(
[name] => Public Trust Office, Corporate Office
[type] => successor
[hasBeginningDate] => Array
(
[normalizedValue] => 1873-01-01T00:00:00.0Z
[dateQualifier] => Array
(
[0] => exact
[1] => yearOnly
)
)
[itemType] => Agency
[relationHasSource] => AADV
)
)
[setSpec] => agency
)
)
Agency
AAEM
1867 ‑ 1873
Other
Order-in-Council, 7 December 1867
Dunedin, Otago
Show History
Curator of Intestate Estate Act 1865 sought to make better provision for administration of estates of persons who have died where no will or letters of administration have been proved or granted. The Act repealed the Real Estate Administration Act 1860, Official Administrators' Act 1861, sections of the Supreme Court Act Amendment Act 1862, and Supreme Court Rules - Legislative Council Ordinances 1844 No 1 and 1846 No 12, touching the administration of estates and effects of persons deceased.In Otago, the Act was brought into force by proclamation in 1867. Alfred Chetham Strode was appointed Curator. Previously, intestate estates were administered by the Registrar of Supreme Court in his capacity as Official Administrator of Intestate Estates. Curators were subject to the summary jurisdiction of the Supreme Court.
On receiving information of the death of any person (Europeans only), the Curator applied to the Supreme Court for a rule or order, having given affidavits that no grant of probate of any will or letters of administration had been made. The act also made it possible for any person to appoint any Curator to administer his estate. No rule was required for estates under £50 in value.
The Act made provision for the Curator to administer the estates of persons dying insolvent, and the real estates of absentee heirs. The curator was required to pay all money received into the Colonial Treasury, usually to the Colonial Sub-Treasurer in the Curator's district. Curators received a salary and commission.
The Act lists the books the Curator was required to keep:- an alphabetical inventory or lists of estates which the Curator was appointed to administer, letters inwards and copies of letters outwards, and all deeds and papers relating to estates. The curator was also required to give a security of £2000 against non-performance of duties.
The Act also makes provision for transition of administration from Official Administrators to Curators. The Act required the Curator to make and have published in the New Zealand Gazette returns detailing:-
1. Balance Sheets of individual estates
2. (Monthly) Particulars of estates placed under the Curator's charge; and
3. (Quarterly) Schedule of balances paid into the Treasury.
In addition, published in Gazette, were regulations made by Governor regarding when the act came into force in the district, appointments, definition of Curators' districts, the securities required from the Curator, and the amounts to be deducted and paid to the credit of the Intestate Estates Fund. Other regulations were made, from time to time, such as stamp duties, who the Curator should pass accounts to for audit, and other publications where returns may be published. In Otago this was the Otago Provincial Government Gazette.
The Act was amended in 1866, 1869 and 1870. The 1866 amendment sets out provisions relating to; the appointmentof the Curator; division of New Zealand into districts; that Curators may apply for administration after three months if no administration already granted; provisions for dealing with estates which have perishable property; and percentage to be deducted under Intestate Estates Fund.
The 1869 amendment repealed the amount of the security to be given. Security required was to be determined by the Governor.
The 1870 amendment clarified provisions for administration of estates under £50 in value, gave indemnity for past transactions and ordered small estates to be wound up.
In 1872, the Public Trust Office was set up, considering that the Public Trustee could take over other functions and be more effective. In 1873 Curators' districts were abolished and on 8 May a Curator for New Zealand was appointed.
Location
Supreme Court, Dunedin
Other Authorities
Agency Documentation shows;
Curators of Intestate Estates Act 1865
Curators of Intestate Estates Act Amendment Act 1866
Curators of Intestate Estates Act Amendment Act 1869
Curators of Intestate Estates Act Amendment Act 1870, however none of these are shown in the relevant Statutes.
New Zealand Gazettes 1867, 1873
New Zealand Statutes 1865, 1866, 1869, 1870, 1873
Appendices to the Journals of House of Representatives 1864-1865
- Curators of Intestate Estates Act Amendment Act 1870
- Curators of Intestate Estates Act 1865
- Curators of Intestate Estates Act Amendment Act 1866
- Curators of Intestate Estates Act Amendment Act 1869
- π’ Public Trust Office, Dunedin (1873 ‑ )
- π’ Public Trust Office, Corporate Office (1873 ‑ )
- π Letterbook (Outwards), Curator of Intestate Estates, Otago (1868 ‑ 1873)
- π Self-Governing Colony of New Zealand (1867 ‑ 1873)
Searching within Agency Curator of Intestate Estates, Otago (1 Related Series)
No related items found
Archives NZ results via API under CC BY 2.0 license