Pleadings in Probate Action where the Attorney-General is Defendant. Writ. The Plaintiffs claim revocation of the probate granted on the of the Will of A. B. late of day of in the City of day of deceased who day of died on the and a fresh grant of probate in solemn form of law of the said Will omitting therefrom all that portion of Clause 12 thereof commencing with the words "and to stand possessed" &c. down to the end of the said 12th clause. This Writ is issued against you as the person authorised by law to provide a scheme for the charitable distribution of estates of deceased testators. Another Form. This Writ is issued against you, His Majesty's Attorney-General, because you are interested under the undated document purporting to be a will of the said deceased, whereby she bequeathed the residue of her estate to general charitable purposes. 1. The Plaintiffs, C. D. and E. F., are the executors appointed under the will of A. B., late of who died on the day of in the City and County of deceased, 2. Probate of the said will of the said deceased was granted by the District Registrar of on the executors therein named. day of to the Plaintiffs as the 3. By the 12th clause of the said will, the testator bequeathed or purported to bequeath absolutely to the Plaintiffs, the trustees therein named, all his real and personal estate to which at his death he should be beneficially entitled or of which he should have power to dispose beneficially by will for any purpose he might think proper and which he had not otherwise by his said will disposed of, upon trust, with certain directions to sell, call in, and convert into money, and out of the proceeds to arise from such sale and conversion and out of the testator's ready money to pay his funeral and testamentary expenses and debts and the legacies bequeathed by his said will and the duty thereon, but so that all legacies should be paid primarily out of his personal estate. 4. The concluding portion of the said 12th clause of the said will, as executed by the said testator, was as follows: "And to stand possessed of the residue of the said money upon trust to divide the same between and amongst the respective charitable societies and institutions mentioned in the fourth clause of this my will so that the sum paid to each society or institution may bear the same ratio to the total amount of my residuary estate as the legacy by the said fourth clause bequeathed to the same society or institution bears to the total amount of the legacies bequeathed by the said fourth clause"; but the fourth clause of the said will contains no legacy or bequest to any society or institution whatsoever, neither is any society or institution therein mentioned. 5. The said testator did not know and approve of the residuary bequest contained in his said will, inasmuch as he signed the said will in a great hurry and without reading over the same, and the said will was not in accordance with his instructions and was not, in fact, read over by or to him before he executed it, and neither the residuary bequest, as contained in the last part of the said twelfth clause, nor the purport thereof, was ever called to the attention or knowledge of the testator before or at the time when he executed the said will, and the same did not contain his wishes or intentions and was not in accordance with his instructions; and the testator, upon becoming aware of the terms of the said residuary bequest, as contained in the last part of the said twelfth clause of the said will, by reading over the same shortly after its execution, at once expressed disapproval of the said residuary bequest, and signified his disapproval in writing upon the said will, as now appears on the face thereof. 1. Revocation of the probate granted in common form on the day 2. Probate in solemn form of law of the said last will, but omitting therefrom the last part of the twelfth clause thereof. 3. A declaration that the said deceased died intestate as to the residue of his estate. 4. Such further and other relief as may be just. Defence. 1. His Majesty's Attorney-General, on behalf of His Majesty, gives the Court to understand that he is not fully or sufficiently informed in reference to the matters stated in the Statement of Claim, and does not admit all or any of the allegations therein contained. 2. The Attorney-General as aforesaid in particular does not admit that the said Testator did not know or approve of the residuary bequest contained in his said Will, or that he signed the said Will in a hurry, or without reading over the same, or that the said Will was not in accordance with his instructions, or was not read over by or to him before he executed it, and alleges that the said residuary bequest and the purport thereof were called to the attention or knowledge of the Testator before or at the time when he executed the said Will, and that the same did contain his wishes or intentions, and was in accordance with his instructions; nor does he admit that the Testator first became aware of the terms of the said residuary bequest after the execution of the said Will, or that he expressed or signified his disapproval of the said residuary bequest in the manner described in the fifth paragraph of the Statement of Claim or at all. 3. The Attorney-General informs the Court as follows: That the Testator duly executed a Will, dated and thereby appointed the Plaintiffs executors thereof. Clauses 4 and 12 of the said Will were as follows:Clause 4 I bequeath the following charitable legacies for which, as also for the shares of residue hereinafter bequeathed, the receipts of the Treasurers of the respective Societies or Institutions hereinafter named shall be sufficient discharges, that is to say: To the York County Hospital, 1007., to the York Blue Coat Boys and Grey Coat Girls' Schools, 1007., to the Yorkshire Philosophical Society, 1007., to the York Dispensary, 1007., to the Yorkshire School for the Blind, 1007., to the York Subscription Library, 501., and to the St. Stephen's Orphanage, York, 251. Clause 12 I devise and bequeath all the real and personal estate to which, at my death, I shall be beneficially entitled, or of which I shall have power to dispose beneficially by Will for any purpose I may think proper, and not hereby otherwise disposed of, unto the Trustees herein before named absolutely Upon trust to sell the said real estate, including chattels real, and call in, sell, and convert into money such part of my personal estate as shall not consist of money, the sale of the contents of my dwelling house (except money and securities for money), to take place within six months of my decease, but with power to postpone the sale or conversion of the rest of my personal estate and of my real estate for such a period as the Trustees or Trustee may think proper. And I direct the Trustees or Trustee, out of the money to arise from the sale and conversion of my said real and personal estates, and out of my ready money, to pay my funeral and testamentary expenses and debts, and the legacies bequeathed hereby or by any codicil hereto, and the duty thereon, but so that all legacies shall be paid primarily out of my personal estate, and to stand possessed of the residue of the said money Upon trust to divide the same between and amongst the respective charitable societies and institutions mentioned in the fourth clause of this my Will, so that the sum paid to each such society or institution may bear the same ratio to the total amount of my residuary estate as the legacy by the said fourth clause bequeathed to the same society or institution bears to the total amount of the legacies bequeathed by the said fourth clause. That if Probate of the Will of the is granted, omitting therefrom the last part of Clause 12 thereof as claimed by the Statement of Claim, the residue of the Testator's property is left undisposed of by such last-mentioned Will, and there being no clause revoking the said Will of the the clauses of that Will herein before set out stand unrevoked, and consequently the Testator did not die intestate in respect of the residue of his estate as claimed by the Statement of Claim, but that the charities named in Clause 4 of the Will of entitled thereto in the proportion specified in Clause 12 thereof. are 4. The Attorney-General on behalf of His Majesty claims all such rights and interests in the subject-matter of this action as he, on behalf of His Majesty, shall appear to have therein, and he submits the same to the judgment of this honourable Court, and he prays the Court to take care of the rights and interests of His Majesty in the premises. Reply. The Plaintiffs in reply to the Defence of His Majesty's Attorney-General filed herein on the day of say: 1. That they join and take issue upon the said Defence as contained in the first and second paragraphs thereof. 2. As to the third paragraph of the said Defence they submit and allege that the true effect and construction of the last Will of the deceased is that an intestacy is created in respect of the residue of the deceased's estate and save and in so far as the said Defence may in any way admit such intestacy the Plaintiffs join and take issue upon the said Defence as contained in the third and fourth paragraphs thereof. 3. That at the time when the Testator gave instructions to his Solicitor Mr. G. H. for his last Will being dated the he expressed to day of his said Solicitor his intention and wish to revoke all gifts to charities. The said last Will was prepared by taking away two sheets namely the first and the last sheets numbered one and five respectively from the previous Will dated the and the said two sheets which included the fourth paragraph of the said previous Will were subsequently destroyed in accordance with the said instructions. day of Defence of the Attorney-General as Party Cited. 1. His Majesty's Attorney-General on behalf of His Majesty gives the Court to understand that he is not fully or sufficiently informed in reference to the matters stated in the Statement of Claim and does not admit all or any of the allegations therein contained. 2. The Attorney-General on behalf of His Majesty claims all such rights and interests in the subject matter of this action as he on behalf of His Majesty shall appear to have therein and he submits the same to the judgment of this Honourable Court and he prays the Court to take care of the rights and interests of His Majesty in the premises. Another Form. day of 1. His Majesty's Attorney-General on behalf of His Majesty admits the first paragraph of the Statement of Claim and denies the second paragraph thereof. 2. Under the Will dated the the late A. B. the testator after making certain specific devises and bequests and subject to certain directions therein contained devised and bequeathed the residue and remainder of his real and personal estate unto the plaintiff C. D. to be by him distributed at his discretion as to one moiety thereof in public charities and as to the remaining moiety thereof in private charities and the testator thereby declared what the terms "public charity" and "private charity" should include. 3 The Attorney-General on behalf of His Majesty claims to have the said Will dated the established. day of His Majesty's Procurator-General shewing cause herein why the decree nisi pronounced in the above suit on the day of absolute, saith: 19 should not be made 1. That the said decree nisi was obtained contrary to the justice of the case by the withholding from the knowledge of the Court of divers material facts. 2. That the said decree nisi was obtained by collusion between the petitioner and the respondent. [Further allegations according to circumstances.] His Majesty's Procurator-General therefore prays: 1. That this Honourable Court will be pleased to rescind the said decree nisi and to dismiss the petition of the said A. B. 2. That such further or other order be made in the premises as to this Honourable Court may seem meet. Delivered, &c. Answer to Plea of King's Proctor. The Petitioner by his solicitor D. E. in answer to the plea of His Majesty's Procurator-General filed in this cause, saith :— [Traverse the allegations in the Plea.] |