The Law And Practice Relating to the Passing of Executors Accounts

Cover 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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