[1969] VR 208
RE GIGGINS, DECEASED
SUPREME COURT OF VICTORIA
GOWANS, J
21 November 1968
[1969] VR 208
Administration and probate — Show cause why will should not be proved — Inter-
meddling in estate — Application by executors for administration with the will
annexed — Renunciation by executor of probate — Administration and Probate Act
1958 (No. 6191), s15, s16.
.
A will appointed four executors who intermeddled in the estate, but delayed in
applying for probate. Two of them applied for the issue of a summons pursuant
to s15 of the Administration and Probate Act 1958 and a summons was issued
calling upon the other two executors "to show cause why they should not bring
the will into court or prove the said will or in the alternative why
administration with such will annexed should not be granted to the abovenamed
applicants". The will was already in the control of the applicants. One of the
respondent executors executed a deed of renunciation of probate, which did not
contain a statement that she had not intermeddled in the estate; as to the
other there was evidence that he did not intend to show cause and was willing
that a grant be made to the applicants.
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[1969] VR 208
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