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In Re: D. Macintyre - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1919All568; 56Ind.Cas.683
AppellantIn Re: D. Macintyre
Excerpt:
will - scotch law--holograph writing without, witnesses, whether will. - 1. upon reading the papers before us including the affidavit of james w. moncrieff writer to the signed we are of opinion that the paper-writing, dated the 21st of january 1913, is in the handwriting of the deceased d, macintyer, and that according to scotch law it constitutes a valid will and that the said david macinfyre was a domiciled scotchman at the time of his death. we accordingly cancel the grant of letters of administration previously directed to be issued to the administrator general and in lieu thereof direst that letters of administration with the aforesaid document of the 21st of january 1913, as the last will of david macintyre annexed do issue to the administrator-general.
Judgment:

1. Upon reading the papers before us including the affidavit of James W. Moncrieff writer to the Signed we are of opinion that the paper-writing, dated the 21st of January 1913, is in the handwriting of the deceased D, MacIntyer, and that according to Scotch Law it constitutes a valid Will and that the said David MacInfyre was a domiciled Scotchman at the time of his death. We accordingly cancel the grant of Letters of Administration previously directed to be issued to the Administrator General and in lieu thereof direst that Letters of Administration with the aforesaid document of the 21st of January 1913, as the last Will of David MacIntyre annexed do issue to the Administrator-General.


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