Atkinson v Morris: CA 1897

The plaintiff was able to prove that the testator had said she had destroyed one copy of a will she had made in duplicate.
Held: Though that evidence would have had the effect of revocation, it was hearsay and inadmissible and her intentions were, to the annoyance of the court, frustrated. Hearsay evidence is inadmissible on the issue of due execution.


[1897] PD 40


England and Wales

Cited by:

CitedParks v Clout CA 10-Jun-2003
The claimant said that the respondent had obtained a grant of letters of administration, and taken a share in the estate, by fraudulently destroying the deceased’s last will. He appealed against his claim being struck out as having no realistic . .
CitedParks v Clout CA 22-Oct-2002
Application for leave to make second appeal. Brother of deceased alleging that the widower had obtained probate by falsely representing that no will had been made by the deceased.
Held: Insofar as the judge had based his conclusion on an . .
Lists of cited by and citing cases may be incomplete.

Wills and Probate

Updated: 19 May 2022; Ref: scu.213650