Directory_and_Chronicle_1882 — Page 646

IN CHINA AND JAPAN.

75

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.

tions, erasures, or obli-

207. Having satisfiei himself that the will was duly executed, Interlineations, alters- the officer must carefully inspect the same to see whether there are terations. any interlineations or alterations or erasures or obliterations appear- ing in it, and requiring to be accounted for.

Interlineations and alteration 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 mole required by the sail Acts of Parliament,-or unless they have been made valid by the re-execution of the will—or by the subsequent execution of some codicil thereto.

Where interlineations or alterations appear in the will (unless duly executed or recited in or otherwise identified by the attestation clause), an affidavit or affidavits in proof of their having existed in the will before its exccution, 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 subsequent execution of some codicil thereto.

If no satisfactory evidence is ad luced as to the time when the erasures or obliterations were made, and the words erased or obliterated are not entirely efface, and car, 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 proceeding further in the matter, communicate with the Judge of the Supreme Court for his directions.

ment referred to in. ❤

208. Where a will contains a reference to any deed, paper, Deed, paper, or doen memorandum, or other document, of such nature as to raise a question whether it ought or ought not to form a constituent part 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 probat; 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 exist nee at the time when the will or codicil was executed.

If there are any vestiges of sealing wax or wafers or other marks or annexed or attached. on the testamentary paper, leading to the inference that some paper, memorandum, or other document has been annexed or attached thereto, they must be satisfactori'y accounted for by evidence on oath, or the production of such paper, memorandum, or other docu- ment must be required; and if not produced, the non produccion 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 con- stituent part of the will, the officer shall, before proceeding further in the matter, communicate with the Judge of the Supreme Court for his directions.