◆ SpookStack

1 ae. Sa, _ oneee a 2 Shae FAAP > Plainti£€ would not benef and in therefore not a *party in interent”® undor Rule 10 of tha Probate Rulen of thin Court and in precluded from raiaing the danuen of undun influence, durenn and corrcion. Third Defonnce Even if plaintiff were to prove the alleged fraud and deceit charged against defendant or other unknown person or persons, only the legacies of defendant or of such other person or persons would fail, and the residuary estate (including such foiled icgacics} would nonetheless belonq to the two charitable institutions named as sele residuary leqateces under said Auqust 14, 1972 Will. Piaintiff£ would not benefit from the estate under such circumstances and is therefore not a "party in interest" under Rule 10 of the Probate Rules of this Court and is precluded from raising the issues of - euch fraud and deceit. Fourth Defense ; Plaintiff is precluded from seeking relief on the basis of alleged fraud and deceit for failure to have stated with particu- larity the circumstances constituting such fraud and deceit, as required under the Rules of this Court. Fifth Defense This Court lacks jurisdiction to probate the Last Will and Testament of Clyde A. Tolson, dated June 26, 1972, pending reso- lution of the issues raised by the Complaint as to the subsequent Will dated August 14, 1972. ee ee ee ee ee Se eS