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In Gorczynski v Hale the defendants held title to land as executors of an estate of a recently deceased person. The plaintiff lodged a caveat claiming an interest at law or in equity over the estate. The plaintiff later made an application for extending the operation of the caveat. The Court held that for an extension of a caveat the onus is on the caveator to demonstrate that there is a serious question to be tried as to whether a caveatable interest exists. The Court held that the plaintiff did not establish this. The description of the caveat was defective by failing to specify the nature and extent of the interest claimed.

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