Superior Court Rules

ORDER 83

CONSTRUCTION OF WRITTEN INSTRUMENTS

1. Any person claiming to be interested under a deed, will or other written instrument, may apply by special summons for the determination of any question of construction arising under the instrument, and for a declaration of the rights of the persons interested.

2. The court may direct such persons to be served with the summons as it may think fit.

3. The application shall be supported by such evidence as the court may require.

4. The court shall not be bound to determine any such question of construction if, in its opinion, it ought not to be determined on special summons.

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