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In Re: the Goods of Sir John Wemyss - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtKolkata
Decided On
Judge
Reported in(1879)ILR4Cal721,(1879)ILR4Cal725
AppellantIn Re: the Goods of Sir John Wemyss
Excerpt:
will - probate--document referring to will. - pontifex, j.1. none of these authorities go to the extent of showing that where a will has been made, memoranda in a book can be treated as a codicil.2. all the memoranda in the book appear to have been made after the date of the will. one memorandum is dated the 11th january 1878, and says: 'my will is in an iron safe in my house, whereby i have given to my brother david,' &c.; all the other memoranda are in january 1877. the memorandum dated the 11th january 1878 sets up the will entirely.3. on this ground also that i do not think the memoranda are testamentary, i must refuse probate of them.4. application refused. administrator-general's costs of application to be paid out of the estate.
Judgment:

Pontifex, J.

1. None of these authorities go to the extent of showing that where a will has been made, memoranda in a book can be treated as a codicil.

2. All the memoranda in the book appear to have been made after the date of the will. One memorandum is dated the 11th January 1878, and says: 'My will is in an iron safe in my house, whereby I have given to my brother David,' &c.; All the other memoranda are in January 1877. The memorandum dated the 11th January 1878 sets up the will entirely.

3. On this ground also that I do not think the memoranda are testamentary, I must refuse probate of them.

4. Application refused. Administrator-General's costs of application to be paid out of the estate.


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