Amongst other legacies to various nieces and a nephew, the testator gave a legacy ‘to my grandnephew Robert Ofner’ of andpound;100 and to another ‘grandnephew Curt Ofner’ of andpound;100. However he had no such grandnephew or other relative of the name of ‘Robert’ Ofner, but he had four grandnephews, Alfred Ofner and Curt Ofner, who was correctly so described in the will, Richard Ofner, a brother of Alfred Ofner, and Botho Ofner. It was proposed to put in evidence a memo randum in the testator’s handwriting that had been given by him to his solicitors as instructions for his will, in which the following words occurred: ‘to my grandnephew Dr. Alfred Ofner andpound;200 to his brother Robert Ofner andpound;100’. Held the document was admissible, not as evidence of intention, but to explain what the testator meant by ‘my grandnephew Robert Ofner.’
Citations:
[1909] 1 Ch 60
Jurisdiction:
England and Wales
Cited by:
Cited – Parkinson v Fawdon ChD 30-Jul-2009
The deceased and his partner had made mirror wills. On the second death it appeared that a named residuary beneficiary did not exist. The claimant, with a similar name said it had intended to name him. The court considered whether it could be . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 09 November 2022; Ref: scu.374777
