|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 392 (Jul)|
Sir Andrew Morrit V-C
|Representation||The claimant did not appear and was not represented.|
|Frank Hinks QC (instructed by Harbottle & Lewis) for the trustee.|
|Judgment Dates:||25 July 2002|
Intestacy - Appropriation by personal representative - Surviving spouse - Spouse as sole personal representative appropriating deceased's copyrights in literary works - Personal representative transferring assets of estate to trustees on settlement - Claimant alleging trustee in breach of duties under trust - Trustee applying for summary judgment - Whether claimant having real prospect of succeeding on claim - s 41(3).