[1957] VR 662
IN RE LEVY DECEASED (No 2)
SUPREME COURT OF VICTORIA
SHOLL, J
11, 12 September 1956
[1957] VR 662
Administration and probate — Public Trustee — Probate of will in common form
granted to Public Trustee — Parties compromising matters in issue — Whether
propounder protected by order granting probate in solemn form against persons
not represented at present hearing and not parties to the compromise — Duty of
the propounder in proving the will in solemn form if opposition is withdrawn
as a result of a compromise — No duty to call all available evidence for and
against will — Whether the Court is under a duty to make its own investigation
when an application is made to it for a grant of probate in solemn form.
.
A propounder in proving a will in solemn form is under no duty to lead all
available evidence in opposition to the validity of the will as well as in
favour of it. Nor is the Court under any duty to make its own investigation of
all the facts upon application for a grant in solemn form.
The protection afforded a propounder by a grant in solemn form is not lessened
by the fact that, because of a compromise between beneficiaries under the will
and those opposing the grant, opposition to the grant has been withdrawn.
Where citations have been duly served on persons whose interests may be
affected by the grant of probate in solemn form such persons become parties to
the proceedings, and are bound by the orders of the Court made as a result of
such a compromise, and even though the executor be a party to the compromise.
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[1957] VR 662
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