Cover of Summons

1955. S. No. 5242.

IN THE HIGH COURT OF JUSTICE
CHANCERY DIVISION
GROUP A

re STEVENS deceased

ROGERS and
Another

-v-

ROGERS and Others.

ORIGINATING SUMMONS.

Greenwood Milne & Lyall,
32 Ely Place, Holborn,
London, E.C.1.

Written in pencil on front
Serve this PT029508/9
Mr Irving Hawtrie Thomas Bye
"Alming"
Commercial Road
Staines

Contents of Summons

IN THE HIGH COURT OF JUSTICE        1955. S. no. 5242.

   CHANCERY DIVISION

      GROUP A

IN THE MATTER of the ESTATE of ADA ALICE STEVENS deceased.

BETWEEN:

HAROLD WALTER ROGERS and
OLIVE LOUISE ROGERS his Wife
(as the administrators of the estate of Ada Alice Stevens deceased)     Plaintiffs

-and-

(1) CHRISTOPHER ROGERS (an Infant)
(2) PATRICA ROGERS (Spinster and an Infant)
(3) IRVING HAWTRIE THOMAS BYE
(4) MARY EILEEN BYE (Spinster)     Defendants

LET CHRISTOPHER ROGERS of 14 The Grove Isleworth in the County of Middlesex an Infant (who is or may be beneficially entitled under the Will dated the 1st day of December 1949 of Ada Alice Stevens the deceased above-named hereinafter called "the Testatrix" to one moiety of the net residuary estate of the Testatrix)

PATRICIA ROGERS of 14 The Grove Isleworth aforesaid spinster and an infant (who is or may be beneficially entitled under the said Will of the Testatrix to the other moiety of the net residuary estate of the Testatrix)

IRVING HAWTRIE THOMAS BYE of "Alming" Commercial Road Staines in the said County of Middlesex Builder (who is or may be a specific legatee under the said Will of the Testatrix and is one of the statutory next of kin of the Testatrix entitled in the event of any intestacy) and

MARY EILEEN BYE of 79 Falkland Road, Kentish Town N.W.5. in the County of London Spinster (who is or may be a specific legatee under the said Will of the Testatrix and is another of the statutory next of kin of the Testatrix entitled in the event of any intestacy)

WITHIN EIGHT DAYS after the service of this summons on them respectively including the date of such service cause an appearance to be entered for them respectively to this summons which is issued upon the application (pursuant to the Rules of the Supreme Court Order LV rule 3 (a)) of HAROLD WALTER ROGERS of 14 The Grove Isleworth aforesaid, Engineer, and OLIVE LOUISA ROGERS his wife, the Plaintiffs above-named (to whom letters of administration with the said Will annexed were granted on the the 14th day of November 1955 under and by virtue of Section 162 of the Supreme Court of Judicature (Consolidation) Act 1925 as amended by Section 9 of the Administration of Justice Act 1928) for the determination of the following questions and for the following relief :-

  1. That it may be determined upon the true construction of the said Will and in the events which have happened whether the gift to the defendants Christopher Rogers and Patricia Rogers in equal shares contained in the said Will of the whole of the Testatrix' property money savings certificates and personal belongings (hereinafter called "the residuary gift"):
    1. takes effect and passes the property therein comprised to the said Defendants Christopher Rogers and Patricia Rogers as tenants in common; or
    2. whether the residuary gift passes the property therein comprised:
      1. as upon the intestacy of the Testatrix; or
      2. in some other and if so what manner.
  2. If it shall be held in answer to Question 1 above that the residuary gift takes effect and passes the property therein comprised to the said Defendants Christopher Rogers and Patricia Rogers in equal shares, that it may be determined whether the same comprises :-
    1. the freehold property No. 42 Pavilion Gardens Staines aforesaid or whether the said freehold property passes :-
      1. as upon the intestacy of the Testatrix; or
      2. in some other and if so what manner.
    2. the cigarette case and gold watch and chain formerly the property of the Testatrix' first husband or whether the sames passes :-
      1. to the Defendant Irving Hawtrie Thomas Bye; or
      2. as upon the intestacy of the Testatrix; or
      3. in some other and if so what other manner.
  3. That it may be determined what, if anything, passes to the Defendant Mary Eileen Bye under the gift in the said Will of such personal belongings as the Testatrix might leave to her but only in the form of jewellery.
  4. In so far as necessary, administration of the estate of the Testatrix by this Honourable Court.
  5. Further or other relief.
  6. That provision may be made for the costs of this application.

DATED this 21st day of December 1955.
(sgd) Greenwood Milne & Lyall.

THIS SUMMONS was taken out by GREENWOOD MILNE & LYALL of 32 Ely Place, London, E.C.1. the Solicitors for the above-named Plaintiffs.

The Defendants may appear hereto by entering Appearance either personally or by Solicitor at the Central Office Royal Courts of Justice, Strand, London, W.C.2.

A Defendant appearing personally may, if he so desire, enter his Appearance by post and the appropriate forms may be obtained by sending a Postal Order for 3/4d. with an addressed envelope, foolscape size, to the Controller of Stamps, Royal Courts of Justice, London, W.C.2.

NOTE: If the Defendants do not enter Appearance within the time and at the place above mentioned such Order may be made and proceedings taken as the Judge may think just and expedient.