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Whiteley v King and Others

Nominate Series English Reports Cited in 2 Precedent Map Related
JurisdictionEngland & Wales
Judgment Date05 November 1864
Date05 November 1864
CourtCourt of Common Pleas

English Reports Citation: 144 E.R. 303

IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER

Whiteley
and
King and others

S. C. 11 L. T. 342; 10 Jur. N. S. 1079; 13 W. R. 83.

whiteley v. klnu and others. Nov. 5th, 1864. [S. C. 11 L. T. 342; 10 Jur. N. S. 1079 ; 13 W. II 83.] Where a will and codicil (the drafts of which were produced) were proved to have been left by the attorney who drew them with tlie testator after execution, but were not forthcoming after his death,-declarations of the testator to various members of his family down to a few days before his death, expressive of his satisfaction at having settled his affairs, and intimating that his will was left with his attorney, were held to have been properly admitted, to rebut the presumption that the will and codicil had been destroyed by the testator animo revocandi. Thia was an action of ejectment brought by the plaintiff, the grandson and heir-at-law of one John Whiteley, to recover certain lands in the county of York, which were claimed by the defendants as devisees under a will made by John Whiteley on tho 6th of December 1859, and a codicil dated the 17th of December, 1861. The will, which revoked all former wills, was not to be found at the death of the testator; but a draft was produced by one Sutelitf'e, the attorney who prepared [757] it, and in whose custody it had remained down to December, 1861. The cause was tried before Blackburn, J., at the last Summer Assizes at Leeds. It appeared that, at that time, the testator was desirous of making some alteration in his will, and wrote to Sutclift'e requesting him to let him have the will, and giving...

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