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76
RULES OF SUPREME COURT
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A list of the grants of probate and administration made by it up the last preceding first day of January and first day of July respectively, and not included in any previous list,
And also, a copy, certified by the Provincial Court to be a correct copy, of every will to which any such probate or administration relates.
II. Probate and Administration with Will annexed.
202. In the following rules respecting probate and administration the expression "the
"the proper officer" means, as to the Provinces, the Consul- General, Consul, or Vice-Consul holding and forming a Court; as to the Supreme Court, such one of the officers attached thereto as for the time being acts in matters of probate and administration by the authority and under the direction of the Judge.
203. On receiving an application for probate or for administration with will annexed, the proper officer must inspect the will, and see whether it appears to be signed by the testator, or by some other person in his presence and by his direction, and subscribed by two witnesses, according to the provisions of the Acts of Parliament, 7 Will. 4, & 1 Vict. c. 26 sect. 9,* and 15 & 16 Vict. c. 24 sect. 1,† and in no case may he proceed further if the will does not appear to be so signed and subscribed.
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204. If ' will appears to be signed by or for the testator, and subscribed by two witnesses, the officer must then refer to the attestation clause (if any), and consider whether the wording thereof shows the will to have been in fact executed in accordance with the provisions of the said Acts.
205. If there is no attestation clause to the will, or if the attestation clause thereto is insufficient, the officer must require an affidavit from at least one of the subscribing witnesses, if either of them is living, to prove that the will was in fact executed in accordance with the provisions of the said Acts.
The affidavit must be engrossed and form part of the probate, so that the probate may be a complete document on the face of it.
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.
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And be it further enacted, that no will shall be valid unless it shall be in writing and executed in man ser bereinafter mentioned) (that is to say), It shall be signed at the f of or end thereof by the testator, or by ume other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more vilaessen proscat at the bene time, and such wytnames shall atlost and shall subsenbe the will in the presence of the testator, but an form of attestation shall be necessary."
+ " Wheresa by an Act passed in the first year of the reign of Her Majesty Queen Victoria, ishtaled, “ Kat for the Amendinest of the Laws with respect to Wills," it in enacted, that no will shall be valid unlem 18 shall be signed at the foot ar and thereof by the testator, or by soine ofher person in his presence, and by his direction. Every will shull, so far only na regards the position of the signature of the testator, or of the person signing for him as aforesaid, be decracil to be valid within the said enactment, an explained by this Act, if the signature shall be so placed at or after, or following, or under, or besides, or opposite to the end of the will, that it shall be apparent on the face of the will that the testator intended to give effect by sock hangnature to the writing sighed so his will, and that no suck will shall be affected by the circumstance that the signature shall not follow or be immediately after the foot or end of the will, or by the circumu anco thai a blank space shall intervene between the concluding word of the will and the signature, or by the circumstance that the signature shall be placed muong the words of the testimomum clause or of the (laion of attestation, or skall follow or be after ur under the clause of attestation, either with ur witbort a blank spars intervening, or shall follow or be after or under or bende the names or one of the names of the subsenbing witnesses, ör by the mrcumstance tlint the rignature shall be on a side or puge or other portion of the paper or papers containing the will whereon no clause or paragraph ur deposing "part of the will shall be written ubure the signature, or by the bircamslunce that there shall appear to be suficient space ou or at the bottom of the preceding sida or page or other portion of the same paper in which the will is written lo contain, the signaluri; and the enumeration of the above curcumstañečs shall not strict the generality of the ahova ossetment; but no signature under the sad det or this Act shall be operative to give effect to any disposition of direction which in underneath or which follows 16, nor shall it give afect to any deposition" or direction insorted after the signature shall be made.'