IEA Section 41 — Relevancy of certain judgments in probate, etc., jurisdiction

Summary

A final decision from a court dealing with wills, marriage, shipping, or bankruptcy can be used as evidence in another case if that decision gives someone a legal status (like being a legal heir or a spouse), takes that status away, or declares that someone owns a specific item outright (not just against a particular person). This decision is considered conclusive proof that the legal status or ownership started or ended at the exact time the court said it did.

Official Text

A final judgment, order or decree of a competent Court, in the exercise of probate, matrimonial admiralty or insolvency jurisdiction which confers upon or takes away from any person any legal character, or which declares any person to be entitled to any such character, or to be entitled to any specific thing, not as against any specified person but absolutely, is relevant when the existence of any such legal character, or the title of any such person to any such thing, is relevant.
Such judgment, order or decree is conclusive proof—
that any legal character which it confers accrued at the time when such judgment, order or decree came into operation;
that any legal character, to which it declares any such person to be entitled, accrued, to that person at the time when such judgment, order or decree declares it to have accrued to that person;
that any legal character which it takes away from any such person ceased at the time from which such judgment, order or decree declared that it had ceased or should cease;
and that anything to which it declares any person to be so entitled was the property of that person at the time from which such judgment, order or decree declares that it had been or should be his property.

Old <-> New Code Mapping

• BSA §35 — Relevancy of certain judgments in probate, etc., jurisdiction