Examination of attestation clause.
Proof of execution according to Acts of Parliament.
Will of testator. blind, cbriously illiterate, or ignorant.
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RULES OF SUPREME COURT
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 pr ceed further if the will d es not appear to be so signed and subscribed.
204. If the 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 bave been in fact executed in accordance with the provisions of the said Acts.
205. If there is no atestation clause to the will, or if the attestation clause thereto is insufficient,--the officer must require an affidavit (Form 9) 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 compl te 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 prolate.
If on perusal of the affidavit it app ars doubt ul 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 ny) who were present at the execution of the will; but if no affidavit of any such other person can be obtained, evidence on cath must be procured of that fact, and of the handwriting of the deceased and of the subscribing witnesses, and also of any circumstances that my raise a presump- tion in favour of the due ex cution of the will.
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206. The officer hall not allow probate of the will, or ad- ministration with the will annexed, of any blind person, or of any obviously illiterate or ignorant person, to issue, unless he has pre- viously satisfied himself, by what appears on the face of the will or
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**And be it further enacted, that no will shall be valid unless it shall be in writmg and executed in manner hereinafter mentioned, (that is to say. It shall be sind at the foot or end thereof by the testator, or by some other pireum in his pris me and by his detection; and such signature shall be made or acknowledged by the testator in the pars my, of two or more witnesses present at the same time, und such witm sas sudlatfest and sidl subscribe the will in the prescure of the testator, but nc form of attestation shell he necessary.”
T Where is by an ve posset in the first years of the reign of Her Majesty Queen Victoria, intituled, An Vet for the Vs uncut of the Laws with reseret to Wils it is enacted, that no will shall be vald nul ss it shall be sued at the foot or end thereof by the testator, or by some other person in his pressure, and by lus direction. Every will shall, so fad say as regards the pusition of the signature of the testong us of the person signing for big as a besed be deemed to be valid within the said ennetu«nt as explicneei bị tips Act, if the sign ture shall be so plured at or after, or following, or untieg, of hoside » ur oppy site to the end of the will that it shall be apparent on the face of the will that the test for intended to give, for by such his signature to the writing signed as his will, and that no such will shall be offered by the ritemasidure that the signʼure shall not follow or be inmediately after the foot or end of the wall or by the ebenmuster ce that a blank space shall ne between the c melndung word of tl »w and the signature, or by the e,rumstuned that the be placed among the words at the testinonimin el use or of the clause of attestation, or gand flow or be after or wider the clause of attest tion, either with or without a blank space iha on ng, or shall follow or be afer or muder or besides the rest or one of the names of the su scaling witnesses, or by the errenta ce that the signature shall be on a side or page or other portion of the paper or papers contaging the w wheroon ng clause or peragraph or disposing part of the will shall be written shove the sign, fure, or by the erreursstance that there shall appear to be sufficient space on or at the bottom of the preceding side or pe
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portion of the same paper
an which the will is waften in contain the signature, and flaman an of the above circumstances shall not resinart won many of the alt we impetuout. For
nder the said Act or this give effort to my disposition or direction which is underneath or which buons it, nor call at give effect to any disj són or direction inserted after the signature shall be made,”
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