ES
Will of
testator, blind, obviously illiterate or ignorant.
Interlineations, alterations, erasures, cr obliterations.
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If on perusal of the affidavit it appears that the will was not in fact executed in accordance with the provisions of the said Acts, the officer must refuse probate.
If on perusal of the affidavit it appears doubtful whether or not the will was in fact executed in accordance with the provisions of the said Acts, the officer must lay a statement of the matter before the Judge of the Supreme Court for his directions. If both the subscribing witnesses are dead,--or if from other circumstances no affidavit can be obtained from either of them, -resort must be had to other persons (if any) who were present at the execution of the will; but if no affidavit of any such other person can be obtained, evidence on oath must be procured of that fact and of the handwriting of the deceased and of the subscribing witnesses, and also of any circumstances that may raise a presumption in favour of the due execution of
the will.
206. The officer shall not allow probate of the will, or administration with the will annexed, of any blind person, or of any obviously illiterate or ignorant person, to issue, unless he has previously satisfied himself, by what appears on the face of the will or by evidence on oath, that the will was read over to the deceased before its execution, or that the deceased had at that time knowledge of its contents.
Where this information is not forthcoming the officer must communicate with the Judge of the Supreme Court,
207. Having satisfied himself that the will was duly exe- cuted, the officer must carefully inspect the same, to see whether there are any interlineations or alterations or erasures or obliterations appearing in it and requiring to be accounted
for.
Interlineations and alterations are invalid unless they existed in the will at the time of its execution, or, if made afterwards, unless they have been executed and attested in the mode re- quired by the said Acts of Parliament,-or unless they have been made valid by the re-execution of the will,- -or by the subse- quent execution of some codicil thereto.
Where interlineations or alterations appear in the will (unless duly executed or recited in or otherwise identified by the attes- tation clause), an affidavit or affidavits in proof of their having existed in the will before its execution, must be filed.
In like manner, erasures and obliterations are not to prevail unless proved to have existed in the will at the time of its execution, or unless the alterations thereby effected in the will are duly executed and attested, or unless they have been made valid by the re-execution of the will, or by the subse- quent execution of some codicil thereto.
If no satisfactory evidence is adduced as to the time when the erasures or obliterations were made, and the words erased
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or obliterated are not entirely effaced, and can, on inspection of the paper, be ascertained, they must form part of the probate. In every case of words having been erased which might have been of importance an affidavit must be required.
If reasonable doubt exists in regard to any interlineation, alteration, erasure, or obliteration, the officer shall, before pro ceeding further in the matter, communicate with the Judge of the Supreme Court for his directions.
Deed, paper,
208. Where a will contains a reference to any deed, paper, memorandum, or other document, of such a nature as to raise a or document
referred to in a question whether it ought or ought not to form a constituent part will; of the will, the production of the deed, paper, memorandum, or other document must be required, with a view to ascertain whether or not it is entitled to probate; and if not produced the non-production of it must be accounted for by evidence on oath. Any deed, paper, memorandum, or other document cannot form part of a will or codicil, unless it was in existence at the time when the will or codicil was executed.
If there are any vestiges of sealing wax or wafers or other or annexed or marks on the testamentary paper, leading to the inference that attached, some paper, memorandum, or other document has been annexed
or attached thereto, they must be satisfactorily accounted for by evidence on oath, or the production of such paper, memorandum, or other document must be required; and if not produced, the non-production of it must be accounted for by evidence on oath.
If doubt exists as to whether or not any such deed, paper, memorandum, or other document is entitled to probate as a constituent part of the will, the officer shall, before proceeding further in the matter, communicate with the Judge of the Supreme Court for his directions.
209. The foregoing rules respecting wills apply equally to Codicis. codicils.
will or copy
sworn to.
210. Every will or copy of a will or other testamentary paper Marking of to which an executor or an administrator with will annexed is sworn shall be marked by such executor or administrator and by the person before whom he is sworn.
211. The officer shall take care that the copies of wills to Writing of be annexed to probates or letters of administration are fairly copies."
and properly written, and to reject those which are not so.
[11-ADMINISTRATION.
212. The duties of the proper officer in granting administration Administration (not with will annexed) are in many respects the same as in not with will cases of probate.
He shall ascertain the time and place of the deceased's death, and the value of the property to be covered by the administra- tion.
annexed.
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