The testator had made his will in August 1735 leaving several pecuniary legacies. At some time some of those legacies had been obliterated. He died in 1751. One of the disappointed legatees challenged the will on the grounds that the obliteration had been made after the testator’s death or before his death but after he had lost full testamentary capacity.
Held: The obliterations had been made in the testator’s lifetime but after he had lost full testamentary capacity, and: ‘I likewise thought that it was not necessary that the deceased should be in his senses at the instant the alterations were made; it was sufficient that he was fully in his senses when he directed the alterations to be made, and that they were made in his lifetime; in the case of Garnet v Sellars, Delegates, the only questions were whether the deceased was in his senses when he gave instructions for his will; and whether the will was reduced to writing before the testator was dead; and the court being satisfied on those two points, pronounced for the will without enquiring whether he remained in his senses during the time the will was writing.’
Sir George Lee
[1752] EngR 169, (1752) 1 Lee 181, (1752) 161 ER 67
Commonlii
England and Wales
Cited by:
Cited – Perrins v Holland and Others; In re Perrins, deceased CA 21-Jul-2010
The testator had given instructions for his will and received a draft will. The judge had found that he had capacity to make the will when he gave instructions but not when it was executed. The will having been made in accordance with his . .
Lists of cited by and citing cases may be incomplete.
Wills and Probate
Updated: 04 December 2021; Ref: scu.378387
