Woods and Others v Stane and Others
| Jurisdiction | England & Wales |
| Judgment Date | 13 December 1820 |
| Date | 13 December 1820 |
| Court | Exchequer |
English Reports Citation: 146 E.R. 1313
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
[613] sittings after michaelmas term, 1 gbo. IV. gray's inn hall. woods and others . stane and others. Wednesday, 13th Dec. 1820.-Course of proceeding by parties beneficially interested under a will where one of executors and trustees has renounced and disclaimed, and the other is dead, to obtain an appointment of new trustees, for the purpose of executing the trusts of the will.-Distinction between establishing u will and proving it for certain purposes. In the former case, the attestation of all the witnesses must be proved, and that they are abroad or dead-and the proof must be positive. In the latter, such proof as shall satisfy the Court will be. sufficient: and in such a case leave will be given to exhibit an interrogatory for further proof of the will for the former purpose. The Plaintiffs in this cause now presented a petition to the Lord Chief Baron, stating that, in pursuance of an order of the Court of the 25th of February, on a suit instituted by the Plaintiff's against the heir at law of the executor1, and the heirs at law and trustees under the will of the testator (out of the jurisdiction), by bill, praying an account and payment out of the assets, and that the will might be declared to be proved and might be established, and that trustees might be appointed for the execution of the will of the acting executor of the person under whose will they claimed his property, it had been referred to the Deputy Remembrancer, to appoint a trustee or trustees of the will under which the Plaintiffs claimed an interest; and that thereupon the Deputy Remembrancer had reported the will, the interest of the Plaintiffs therein, the disclaimer [614] of one of the executors :::, and the death of the other; that there was consequently no person authorised to act in the trusts of the will; that the Plaintiff' Wood, who bad taken out administration with the will annexed, was entitled to a share of the residue of the trustee's real and personal estate; and that the Plaintiff's having proposed him to be such trustee, it appeared to the Deputy Remembrancer, that from his competency to undertake the management pf West India property (great part of the testator's real estate consisting of plantations in the West Indies), and being himself possessed of an independent estate, and already constituted the attorney of most of the parties...
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Boyse v Rossborough
...of the 26th August 1841, and to French v. Baron (Dick. 138), Binfield v. Lambert (Dick. 337), Cator v. Butler (Dick. 438), Wood v. Stane (8 Price, 613), [821] Talbot v. The Earl of Radnor (3 Myl. & K. 252), Tatham v. Wright (2 Russ. & M. 1), Blake v. Foster (2 Ball. & Beat. 387). Mr. E. You......