IN RE HEADEN

2 VLR (IPM) 21·MOLESWORTH, J.
2 VLR (IPM) 21
2 VLR IPM 21
IN RE HEADEN Supreme Court of Victoria, Insolvency, Probate, and Matrimonial Jurisdictions MOLESWORTH, J. March 16, 20, 23, 30 March 1876 Will — Validity — Rules nisi — Issue — Trial by jury — Unsuccessful opposition — Concealment of will — Misconduct of testator — Costs out of the estate .

The existence of prior mutual wills by husband and wife, the conduct of the former in telling his wife, and otherwise leading her to suppose, that no subsequent will had been made; and strong medical evidence as to his incompetency to make a will, judging from his condition shortly before and after an alleged execution of a later will; are facts to be weighed in considering the question of costs against the wife as an unsuccessful litigant.

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2 VLR (IPM) 21

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