Gann v Gregory
| Jurisdiction | England & Wales |
| Judgment Date | 25 May 1854 |
| Date | 25 May 1854 |
| Court | High Court of Chancery |
English Reports Citation: 43 E.R. 305
BEFORE THE LORD CHANCELLOR LORD CRANWORTH.
S. C. 2 Eq. R. 605; 18 Jur. 1063; 2 W. R. 484.
[777] g-ann v. gregory. Before the Lord Chancellor Lord Cranworth. May 3, 25, 1854. [S. C. 2 Eq. R. 605; 18 Jur. 1063; 2 W. R. 484.] The Ecclesiastical Court granted probate of a will of personalty with cross lines drawn in ink over the bequests of certain legacies. Held, on a claim raised by the parties interested in these legacies, that the will must be taken to have been executed after the cross lines were drawn, and that the only question was, what was the meaning of the testator, and that this was that the legacies were not to stand part of the will. 306 GANN V. GREGORY 3 DE 0. M. tc 0. 778. This was an appeal by the Defendant, Margaret Gregory, as administratrix with the will annexed of the estate of John Thompson, from a decision of Vice-Chancellor Stuart, on the 3d May 1853, disallowing exceptions taken by the Appellant to the report of the Master, dated the 20th December 1852, whereby he had certified, among other things, that certain legacies were given by the testator's will, which the Appellant submitted were not given, on the ground that it appeared by the will, and the probate copy thereof, that the said legacies were contained in the second sheet of the will, in which second sheet there appeared divers cross lines, obliterations, erasures, alterations, and interlineations, by the effect of which the said legacies must be taken as struck out from the will, or rendered uncertain, unintelligible, and void: the facts were as follow. The testator John Thompson died on the 6th March 1843 ; and soon afterwards two several documents were produced, each being alleged to be his will; one was dated the 22d February 1843, and the other the 5th March 1843. The latter document consisted of three sheets of paper; the second sheet contained a variety of legacies and directions to his trustees, &c.; some of these were altered in pencil (for example, in one place, the name of Willis was altered into Ellis), and the whole of the sheet appeared crossed out by means of diagonal lines in ink, with the exception of certain legacies to individuals. [778] Proceedings were taken in the Prerogative Court of Canterbury as to the two documents, the result of which was, that on the 20th June 1846, a decree was pronounced by Sir H. J. Fust for the force and validity of the will as contained in the document of the 5th March...
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Re Ball (Deceased); Cowan and Johnson v Ball
...but still visible, showing a correction of the form apparently originally written. Held, by Megaw, J., following Gann v. GregoryENR 3 De G. M. & G. 777, that the word in controversy should be read as "heir" not "heirs." Held further, following Weldon v. Weldon (1911) 1 I. R. 177 that the gi......