of Justice (Probate Divorce and Admiralty Division) or some other competent Court and from time to time assert Our right in and to the personal estate of any person dying as aforesaid And Our will and pleasure further is in accordance with the provisions of "The Treasury Solicitor Act 1876" you as Solicitor for the time being for the affairs of Our Treasury and your successors in that office do whenever you or they should judge it expedient so to do upon the decease of any person dying as aforesaid apply for and obtain letters of administration for Our use of the estate of such deceased person And you Our said ProcuratorGeneral and Solicitor for the time being for the affairs of Our Treasury and your successors as aforesaid are hereby required to take care that in every proper case there be as soon as possible exhibited to the President of the Probate Divorce and Admiralty Division of Our said High Court or some other competent judge an inventory of the personal estate of the deceased.

And for so doing this shall be your warrant.

Given at Our Court at Marlborough House this 8th day of March in the 1st year of Our reign.

By His Majesty's commands.

To Our right trusty and right well-beloved Cousin
Hamilton Earl of Desart K.C.B. Our Procurator-
General and Solicitor for the time being for the
affairs of Our Treasury.

H. T. ANSTRUTHER.
W. H. FISHER.

Pleadings on Claim for Grant of Administration by the Treasury

Solicitor.
Writ.

The plaintiff's claim is to have granted to him (for the use of His Majesty and as the nominee of His Majesty under His Royal Sign Manual) administration of the personal estate and effects of one A. B. in the County of

who died on the

day of

Intestate and without widow or next of kin to which estate and effects His Majesty has become entitled in right of His Crown.

This Writ is issued against you because you have alleged yourself to be the sole legatee under an alleged Will of the said A. B. and because you have applied for a grant of Letters of Administration with the said alleged Will annexed of the personal estate and effects of the said A. B.

2. The said A. B. left no child or other kin whatsoever him surviving.

3. The said A. B. died leaving personalty within the jurisdiction of this Court and the same is still within such jurisdiction.

4. His Majesty is entitled in right of His Royal Prerogative and in right of His Royal Crown to the personal estate and effects of the said Intestate.

5. The Plaintiff by Warrant under His Majesty's Royal Sign Manual dated March 8th 1901 has been nominated as the grantee of administration to the personal estate and effects of the said deceased for the use of His Majesty pursuant to the Treasury Solicitor Act 1876.

6. The Plaintiff denies the Defendant's interest.

That the Court decree to him as His Majesty's nominee a Grant of Letters of Administration of the personal estate and effects of the said deceased for the use of His Majesty.

Defence and Counterclaim.

1. The Defendant denies that the deceased died intestate.

2. The Defendant denies the allegations contained in paragraphs 4 and 5 of the Statement of Claim.

And by way of Counterclaim

3. The Defendant is the universal Legatee and devisee named in the true last Will of the deceased A. B. dated but which was in fact duly

executed by the deceased on

4. The said Will contains no appointment of Executors.

The Defendant claims

1. Sentence pronouncing for the true force and validity of the said Will. 2. Letters of administration to himself as universal legatee with the said "Will annexed.

Reply and Defence to Counterclaim.

The Plaintiff as to the Defence says that

1. He joins issue thereon.

The Plaintiff as to the Counterclaim says that

2. The said A. B. died intestate.

3. The alleged Will was not executed according to the provisions of the Wills Act, 1837, or at all.

4. The deceased at the time the alleged Will purports to have been executed was not of sound mind memory and understanding The deceased did not in fact execute the said Will.

5. If the said Will was executed by the deceased (which is denied) the deceased did not at the time of the execution of the said Will know and approve of the contents thereof nor did he know that he was executing the

same.

Reply to Defence to Counterclaim.

The Defendant denies every allegation contained in paragraphs 2, 3, 4 and 5 of the Defence to Counterclaim.

Claim by Treasury Solicitor for Grant of Administration and Revocation of former Grant.

Writ.

The Plaintiff claims to be entitled to have granted to him (for the use of His Majesty and as the nominee of His Majesty under His Royal Sign Manual) administration of the personal estate of C. D. late of in the County of

deceased who died on the

day of

and without leaving a widow or lawful issue.

19 a bastard and intestate

The Plaintiff claims that the grant of letters of administration of the personal and other estate of the said deceased made to you on the

day of March

19 may be revoked and letters of administration of the personal estate of the said deceased granted to the Plaintiff for the use of His Majesty.

Pleadings in Probate Action where the Treasury Solicitor is Sole

Defendant.

Writ.

[After the claim] This writ is issued against you because the said A. B. was a bastard and died a bachelor and his estate and effects would devolve on the Crown if and so far as he should be pronounced to have died intestate.

Or

This Writ is issued against you as being interested in the event of there being an intestacy.

Or

This Writ is issued against you by reason of the deceased having died a bastard and of there being no known next of kin of the deceased.

Or

This Writ is issued against you the Solicitor for the affairs of His Majesty's Treasury, because you are believed to be interested in the estate of the deceased in case she died intestate.

10. The said A. B. left no child or other kin whatsoever him surviving. 11. The said A. B. died leaving personalty within the jurisdiction of this Court and the same is still within the jurisdiction.

12. His Majesty is entitled in right of His Royal Prerogative and in right of His Royal Crown to the personal estate and effects of the said A. B.

13. The Defendant by warrant under His Majesty's Royal Sign Manual dated March 8th 1901 has been nominated as the grantee of administration to the personal estate and effects of the said deceased for the use of His Majesty pursuant to the Treasury Solicitor Act 1876.

14. The Defendant denies the Plaintiff's interest.

The Defendant counterclaims

That the Court decree to him as His Majesty's nominee a grant of Letters of Administration of the personal estate and effects of the said deceased for the use of His Majesty.

Reply to Counterclaim.

The Plaintiff as to the Counterclaim says that :

1. The said A. B. did not die intestate.

2. The Plaintiff denies that His Majesty is entitled in right of His Royal Prerogative and in right of His Crown or otherwise to the personal estate and effects of the said A. B. or any part thereof.

3. The Plaintiff has no knowledge of and does not admit the facts alleged in the 13th paragraph of the Defence and Counterclaim.

4. The Plaintiff is interested in manner set forth in the Statement of Claim and he here repeats the several allegations and documents therein stated or set out.

Pleadings in Probate Action where the Treasury Solicitor is a

Co-Defendant.
Writ.

The Plaintiff claims to be an executor of the last Will dated the

day of

deceased who died on the

and to have the said Will established.

This Writ is issued against you C. D. because you have entered a caveat and have alleged that you are the executor of a later Will of the said deceased dated and against you the Solicitor for the affairs of His Majesty's Treasury as claiming to be entitled to a grant of administration in the event of the deceased having died intestate without any known relatives.

Statement of Claim of the Defendant C. D.

day of

Delivered pursuant to the Order of Mr. Registrar

dated the

The Defendant C. D. says:

1. That he is one of the executors named in the true last Will and Testament of A. B. deceased late of

day of

in the County of

who died on the

2. That the said Will never was revoked or destroyed by the deceased or by any person in his presence or by his direction and the same was a valid and subsisting Will at the time of his death but it has been lost or mislaid and cannot now be found.

3. That the contents of the said Will are contained in the draft thereof which is referred to in this Defendant's Affidavit of Scripts and has been lodged in the Probate Registry under the subpoena of the Court by E. F.

The Defendant claims :-

1. Probate of the said Will in solemn form of law as contained in the said draft thereof.

2. Such further and other relief as may be just.

Defence of the Plaintiff.

The Plaintiff, subject to an Order of Mr. Registrar

made herein the

was not duly executed in accordance with

the provisions of the statute 1 Vict. c. 26.

2. He denies that the contents of the said alleged Will are contained in the

draft as alleged.

The Plaintiff claims:

1. That the Court shall pronounce against the said Will propounded by the Defendant C. D.

2. Such further and other relief in the premises as to this Honourable Court may seem just.

Take notice that the Plaintiff merely insists upon the said alleged Will of being proved in solemn form of law and only intends to cross-examine the witnesses produced in support of the said Will.

Delivered

Defence of the Treasury Solicitor.

(pursuant to Order dated

).

The said Defendant says that:

1. He admits paragraphs 1 and 3 of the Statement of Claim delivered herein by the Defendant C. D. but he does not admit paragraph 2 thereof.

2. The said Will bearing date the

was destroyed by the testator A. B.

with the intention of revoking the same and thereby the said Will was revoked.

3. The said A. B. never made any Will subsequent to the

and died intestate.

The said Defendant claims:

day of

1. That the Court shall pronounce against the Will propounded by the Plaintiff.

2. That the Court shall declare that the Will bearing date

revoked by the testator.

3. That the Court shall declare that the said A. B. died intestate.

was

4. Such further or other relief in the premises as to the Court may seem just.

Reply of the Defendant C. D. to the Defence of the Treasury Solicitor.

1. That he denies the allegations contained in paragraph 2 of the said Defence and joins issue thereon.

2. That he denies that the deceased A. B. died intestate as alleged in paragraph 3 of the said Defence.