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that if the person cited shall deny the legacy claimed to be due, he shall state distinctly in his said article or articles the ground of such denial and whether he admits the due execution of the part of the will alledged to contain the bequest, or disputes the construction contended for, or disputes the identity of the person, or upon what other ground he denies the legacy claimed to be due.
LXVIII. And be it Enacted, That the form set forth in Schedule (C.) hereunto annexed, shall be followed as nearly as may be in drawing claims and articles, regard being had to the circumstances of each case.
LXIX. And be it Enacted, That if the said article or articles shall deny the person cited to be executor or administrator, or shall deny the due execution of the bequest, or shall deny the identity of the person or persons claiming, or shall deny that there remain further assets unadministered to satisfy the whole or any part of the claim, the cause shall be entered by the Registrar in the list of causes, and be tried at the next sitting of the Judge in Ordinary, subject to the provisions of this Act in respect of the trial of actions; and if the judgment shall be finally entered for the person or persons claiming, it shall be for the whole or a part of the sum of things claimed, according as the verdict shall have been found: Provided always, That it shall and may be lawful for the Judge in Ordinary to give the said person or persons cited leave to file a new article or articles, if he shall think fit.
LXX. And be it Enacted, That if the said article or articles shall not deny any of the matters herein last before mentioned, but allege any other ground of defence against the claim of legacy, the said Registrar shall set down the claim among the causes to be tried before the said Judge at his next sittings, and the said Judge shall make such order therein as to him shall seem fit, regard being had to the circumstances of the case: Provided always, That it shall be lawful for the said Judge, if he shall think fit, to try any matter of fact in dispute between the parties by a jury, in the same manner as is directed by this Act with respect to actions, and subject to the provisions directing the trial of the same; provided also that the orders made by the said Judge, sitting with or without a jury, shall be subject to review by motion in like manner as the judgments in cases of actions.
LXXI. And be it Enacted, That in every case of claim of legacy, where the executor or administrator shall by his article or articles admit that he hath in hand any assets unadministered, and shall not allege that he is incapable safely to pay such assets in respect of debts or other legacies remaining unpaid, such executor or administrator shall at the time of filing his article or articles pay into the hands of the Registrar a sum equal to the legacy claimed, or such part thereof as he admits himself.
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Identifier: | JB/004/019/002 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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lord brougham displayed |
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019 |
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[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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printed material |
44 |
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(2-43) |
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1940 |
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