Perry and another v Neupert

Summary judgment – Will. The claimants succeeded in their appeal against a master's judgment, granting the defendant summary judgment on his counterclaim, by which he had sought to be removed as the executor of the deceased's will, and to be replaced by another individual (the solicitor). In the main claim, the claimants had sought the defendant's removal as executor, but had sought to replace him, either by themselves, or along with the solicitor. The Chancery Division held that, in circumstances where the case involved a serious dispute of fact, a trial was unavoidable.

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