The deceased was a typist employed by the Cunard Steamship Company. Her permanent assignment was as a typist on board the Lusitania but, when not working on the ship, she worked in the company’s offices in Liverpool. She made her will while working at those offices at a time when, in the view of the judge, she was definitely engaged to going on the next voyage of the vessel. That turned out to be the fatal voyage on which the Lusitania was sunk by a torpedo fired from a German submarine.
Held: She had been ‘at sea’ for the purposes of being able to make a nuncupative will.
Judges:
Madden J
Citations:
[1915] 2 IR 362
Jurisdiction:
England and Wales
Cited by:
Cited – Ayling v Summers and Others ChD 14-Sep-2009
Letters of administration had been taken out, but it was subsequently discovered that the deceased, a seamen, may have made a nuncupative will which would be valid if made at sea. He had said: ‘You listen to me. If anything happens to me, I want . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 30 January 2022; Ref: scu.375764
