In the Goods of I F Smith, Deceased

JurisdictionEngland & Wales
Judgment Date26 April 1841
Date26 April 1841
CourtCourt of the King's Bench

English Reports Citation: 163 E.R. 588

IN THE ECCLESIASTICAL COURTS AT DOCTORS' COMMONS

In the Goods of I. F. Smith
Deceased.

S. C. 1 Notes of Cases, 1. Referred to, Allen v. Maddock, 1858, 11 Moore, P. C. 457, Watson v. Arundell, Ir. R. 11 Eq. 60.

[796] in the goods of I. F. smith, Deceased. Prerogative Court, April 26th, 1B41.-Probate granted of a will and two codicils, the first codicil not attested, but the latter being duly executed and referring to the former, and thereby operating as a due execution thereof. [S C. 1 Notes of Cases, 1. Kef erred to, Allen v. Maddock, 1858, ] 1 Moore, P. C. 457, Watson v. Arundell, 1877, Ir. K 11 Eq. 60.] The testator in this case executed a will in June, 1835; by this will he gave the whole of his property to his widow for life, and, after her death, left the principal to his children as settled in a deed of assignment, executed by him in 1833, on their behalf. In May, 1838, the deceased wrote a codicil which he signed, but there were no witnesses to it In August, 1840, he made a further codicil, which was signed by him at the foot and duly attested. This was written on the second side of the paper on which the former codicil was written, and the deceased...

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3 cases
  • Watson v Arundell
    • Ireland
    • Court of Appeal in Chancery (Ireland)
    • 9 January 1877
    ...witnesses in that case seem, without asserting positively, to have spoken from recollection as well as belief (5). (1) 5 Sim. 274. (2) 2 Curteis, 796. (3) 6 Curteis, 77. (4) 1 Deane, 181. (5) The affidavit referred to (of which an attested copy was produced) was that of Edward White and Wil......
  • Joseph Emanuel Allen, - Appellant; Sir Thomas Herbert Maddock, - Respondent
    • United Kingdom
    • Privy Council
    • 19 February 1858
    ...cases of great nicety are to be found. In April, 1841, the question now raised came before the Prerogative Court in Smith's case (2 Curt. 796). In that case the Testator, in May, 1838, made a Codicil to his Will, signed but not attested. In August, 1840, he made a further Codicil, signed an......
  • The Countess de Zichy Ferraris and J. W. Croker against The Marquis of Hertford
    • United Kingdom
    • Ecclesiastical Court
    • 17 March 1843
    ...the attestation might with propriety have been applied to them. It was held by this Court, upon motion, in the case of The Goods of Smith (2 Curt. 796), where the attested codicil was upon the same sheet of paper with a previous unattested codicil, that it was sufficient to give effect to t......
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