Mr. F. tiff, and Mr. defendants. appeared for the plain-. Wilkinson for the Mr. Ellis in opening said that he would, in the first instance, like to refer to the pleadings on one or two points. For that purpose he proposed to read the pleadings, which were as follow (1) The plaintiff is a married woman the wife of Hugh Boyd Cochran, of No.7 Park Lane, Shanghai. (2) The defendants sre the executors snd general trustees of the estate of ong, David Martin deceased, and were so appointed by the will of the said deceased dated May 2, 1905, probate of which was daly obtained by the defendants as such executors as aforesaid on June 19,1907. (3) on the said May 2, 1905, the plaintiff was married to the late David Martio aforesaid. The said marriage was lawfully solemnized before his said Majesty's Consul Geveral in Shangh: (4) The said David Martin died in Shanghai aforesaid on April 15, 1907, leaving him surviving the plaintiff his widow and one child, Charlotte Wyles Martin his daughter by the plaintiff. (5) The said David Martin was at the time of his death domiciled Scotsman. (8) By the will of the said David Martin, the deceased, the testator bequeathed to the plaintiff mong others, certain legacies to be paid from and out of his personal or movable estate. (7) By the law of Scotland, plaintiff was entitled, as the widow of the said David Martin, din spite of any provision contained in the will to her jus relictae, a third share of the personal or movable estate of the! deceased, and, farther and in addition to the said one-third share is entitled to payment from and oat of the dead's part of each estate, all such legacies as wore bequeathed to the plaintiff by the said testator in his will. (8) The defendants as such executors aforesaid have paid to the plaintiff, the greater part of the said legacies herein before mentioned, but have failed and refused to pay to the plaintiff the monies to which she is entitled by way of jus relictae, as aforesaid.
The plaintiff claims (1) A declaration that the plaintiff is entitled to her said share of the personal or movable estate of the said David Martin, deceased, by reason of her jus relictae as aforesaid. (2) An account of the said personal or movable estate of David Martin, deceased, which came into the hands of the defendants upon probate of the ssid will being granted. (3) An account now in the hands of the defendants. (4) That defendants be ordered to pay to the plaintiff such som as shall be found to be due apon accounts to the plaintiff. (5) Costs, and sach farther relief as to the Court may seem fit.
To that the following defence had been filed (1) The defendants admit paragraphs 1, 2, 3 and 4 of the plaintiff's statement
Text read from the printed page and cleaned; old type leaves the occasional error.