125 / 338
Times, Oct. nth 1958. Volume 92 (1958), page
244).
Note.—
The effect of this decision has now been
incorporated in the Administration of Estates Act,
1959.
In Probate suits the party who loses may have to pay the
costs if he bolsters up a weak case, as costsfollow the event.
The plaintiff, a cousin of the deceased, alleged
that the last will of the deceased, executed in Feb
ruary, 1954, was invalid on the ground of lack of
testamentary capacity and want of knowledge and
approval.
Evidence in support of the will, of
which the plaintiff had knowledge prior to the
hearing, included that of a doctor, a matron of a
hospital and a solicitor's managing clerk.
The
plaintiff relied for medical evidence on that of a
psychiatrist who had not seen the deceased until
nearly three years after the will had been executed.
Sachs J. pronounced for the will, held that this was
a case in which costs should follow the event, and
accordingly ordered the plaintiff to pay the costs.
Sachs J. also stated that it was not reasonable to go
forward with the psychiatrist's investigation, because
the plaintiff had no claim upon the bounty of the
testator, and he could not see why the costs of this
three-day action should be borne by the estate.
(Re Gollop deed.—Pearse
v.
Elliott and Pym.
Tht
Times,
13 March, 1959)-
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