Re Harrison. Turner v Hellard
| Jurisdiction | England & Wales |
| Court | Court of Appeal |
| Date | 1884 |
| Year | 1884 |
Will - Construction - Supplying Blank - Right of Court to look at Original Will.
A testatrix in making her will used a law stationer's form, which was partly in print, blanks being left in it which were to be filled up by the person who made use of it. After directing that her debts and funeral and testamentary expenses should be paid by her executrix thereinafter named, the testatrix gave all her property both real and personal “unto … … … … … … …. to and for her own use and benefit absolutely, and I nominate, constitute, and appoint my niece Catherine Hellard to be executrix of this my last will and testament”:—
Held, by Kay, J., and by the Court of Appeal, that there was an effectual gift of the residue to Catherine Hellard.
Per Lord Esher, M.R., and Baggallay, L.J.:– For the purpose of construing a will the Court is entitled to look at the original will as well as at the probate copy.
APPEAL from a decision of Kay, J., upon the construction of the will of Hannah Wight Harrison, spinster, who died on the 13th of July, 1884.
The document which the testatrix executed as her will was partly in print. She made use of a printed form of will in which there were various blanks left, intended to be filled up by the person using the form as he pleased. Some of these blanks the testatrix had filled up wholly or partially. The will as executed was as follows, the parts which were in the handwriting of the testatrix being indicated by italics, the rest being in print. The blanks or spaces are indicated by spaces:—
“This is the last will and testament of me Hannah Wight Harrison, of 103, High Street, in the parish of Portsmouth, in the county of Hampshire. I direct that all my just debts, funeral and testamentary expenses be paid and satisfied by my executrix hereinafter named, as soon as conveniently may be after my decease. I give, devise, and bequeath all and every my household furniture, linen, wearing apparel, books, plate, pictures, china, horses, carts and carriages, and also all and every sum and sums of money which may be in my house or about my person or which may be due to me at the time of my decease, and also all other my moneys which may be invested in stocks, funds, and securities for money, book debts, money on bonds, bills, notes, or other securities, and all and every other my estate and effects whatsoever and wheresoever, both real and personal, whether in possession, reversion, remainder, or expectancy, unto … … … … ….. to and for her own use and benefit absolutely. And I nominate, constitute, and appoint my niece Catherine Hellard to be execut rix of this my last will and testament. And I hereby revoke all former or other wills and testaments by me at any time heretofore made, and I declare this to be my last will and testament.”
This action was brought by originating summons, by one of the next of kin of the testatrix, as Plaintiff, against Catherine Hellard, as Defendant, to have the question determined whether the testatrix had by her will effectually disposed of her residuary personal estate...
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Mulhern v Brennan
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