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King's proctor

King's proctor, the proctor or solicitor representing the Crown in the Probate and Divorce Court. In proper cases it is his duty to intervene in petitions for dissolution or for

Justifying security

Justifying security. Administrators in certain cases are required by the Court of Probate to give justifying security-i.e., the sureties to the administration bond must, in an affidavit, swear that they are,

Interest suit

Interest suit. An action in the Probate Division of the High Court of Justice, iwhich the question in dispute is as to which party is

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Infant

other person appointed by the Court for him, until the infant attains the age of twenty-one years and probate has been granted to him under s. 47 of the Administra-tion of Estates Act, 1925; infants who do

Pendente lite

Pendente lite (during litigation). Administration pendente lite is sometimes granted when an action is commenced in the Probate Court touching the validity of a wall. An injunction may be granted to restrain a party from disposing

Executor of an executor

whereas an executor is appointed by the testator, an administrator merely derives his authority from the Court of Probate. See In the Goods of Reid, 1896, P. 129; and A.E. Act, 1925, s. 7.

Order assigning residue

Order assigning residue, means a probate court's order naming the persons entitled to receive parts of an estate and allotting the share to each,

Vicious intromission

Vicious intromission, a meddling with the movables of a deceased, without confirmation or probate of his will, or other title, Scots term.

Prize Court

of Westminster, 1931. Subject to rules of Court all jurisdiction as a Prize Court is assigned to the Probate, Divorce and Admiralty Division of the High Court [Jud. Act, 1925, s. 56 (3)]. The procedure and practice

Propositus

is traced. Also the name by which a testator is referred to on propounding his will in the Probate Division.

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