Administration and probate — Administration of estate — Two hotels both subject to same mortgage debt — First hotel devised subject to payment of mortgage moneys — Second hotel part of residue — Specific devise of other property free from payment of any mortgages thereon — Whether first hotel charged with payment of the whole of the mortgage moneys thereon — Administration and Probate Act 1928 (No. 3632), sec. 35.

Administration and probate — Administration of estate — Application for judicial advice by executor — Prospective proceedings — Joint tenancy — Severance — Unregistered transfers of land — Where executor intended to lead further evidence in support of application — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 54.02

Practice and procedure — Trusts and trustees — Application for judicial advice — Disputed facts — Application for summary dismissal — Whether application for advice lacked real prospect of success — Whether application for advice an abuse of process — Civil Procedure Act 2010 (Vic), ss 7, 8, 62, 64 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 23.01, 54.02