How have the courts dealt with a bill that was filed by a beneficiary under a will?
Saskatchewan, Canada
The following excerpt is from Burlington (Plaintiff) Appellant v. Grand Trunk Pacific Railway Company (Defendant) Respondent, 1923 CanLII 339 (SK CA):
In Humphreys v. Humphreys, 3 P. Wms. 349, at p. 351 (24 E.R. 1096) where a bill was filed by a beneficiary under a will and there was no executor or administrator of the estate sought to be administered, and the plaintiff subsequently to the filing of the bill took out letters of administration, it was objected that the taking out of the letters was subsequent to the commencement of the action. The Chancellor, however, overruled the plea, stating It was sufficient, that the plaintiff had now taken out letters of administration, which, when granted, related to the time of the death of the intestate, like the case where an executor, before his proving the will, brings a bill, yet his subsequently proving the will makes such bill a good one, though the probate be after the filing thereof.
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