Probate was applied for for two testamentary papers. Mistake. Admissibility of Parol Evidence.-Testamentary Papers not inconsistent with each other. The First not revoked by the Last.—A testator, having erased a clause in his Will after the execution, asked a friend to make a fresh copy of the Will, omitting the erased clause. The copy was made; but the person who made it by mistake omitted several other clauses. The copy was duly executed, and the omissions were not discovered until after the testator’s death, both Wills having remained in his custody up to that time. The two Wills were not inconsistent with each other, and the latter contained no express clause of revocation. Probate was granted of both documents upon parol evidence of the circumstances under which they were drawn up and executed, as together containing the deceased’s last Will and Testament.
Sir J P Wilde said ‘It is undoubted law that parol evidence may be given to show the circumstances under which a testamentary paper was executed’
Sir J P Wilde
[1865] EngR 362 (B), (1865) 4 Sw and Tr 23
Commonlii
Cited by:
Cited – O’Learly v Douglass 25-Jan-1878
The testator had executed two wills, identical in all respects save only for the dates and the attesting witnesses.
Held: Warren J said: ‘On these facts it would seem immaterial whether one or both papers should be admitted to probate.’ . .
Cited – Lamothe v Lamothe and Others ChD 15-Jun-2006
The deceased had made a will in England but later made a will in Dominica revoking all other wills. After the first death, probate of the first will was taken out in ignorance of the second. The claimant, still in ignorance of the second will, took . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 04 January 2022; Ref: scu.281274
