The Law And Practice Relating to the Passing of Executors Accounts
The Law And Practice Relating to the Passing of Executors Accounts
Charles Howard Widdifield
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406; Manning v. Robinson, 29 Out. R. 483; Re Wathins, 12 B. C. R. 97. The plaintiff's costs of unsuccessfully impeaching the validity of a will are not " testamentary expenses. " In Re Prince, Godwin v. Prince ( L898), 2 Ch. 225. But the costs of executors in defending such an action, and the costs of proving awill in solemn form, come within tli*' term. Ll>. The costs of a special ease to obtain the opinion of the Courl "ii the true construction of the will were held 11, 11 to be testamentary ...expenses within a provision of the will directing such expenses to be paid ou1 of a specific fund. Gilbertson v. Gilbertson, 34 Beav. 354, 14. » \l. R. 545. Bui testamentary expenses include costs incurred in administration proceedings Penny v Penny (1879), 11 Ch. D. 440. And where a testator 64 executors' accounts. directs that a particular fund is to be charged with the payment of his testamentary expenses that fund must bear the costs of an administration action. Miles v. Harrison, L. E. 9 Ch.
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