Directory_and_Chronicle_1906 — Page 406

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Deed, paper, or document referred to in a will ;

or annexed or attached.

Codicils.

Marking of will or copy sworn to.

Writing of copies.

Administration

not with will aunexed.

RULES OF SUPREME COURT

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 required by the said 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 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 subsequent execution of some codicil thereto.

If no satisfactory evidence is adduced as to the time when the erasures or obliterations were male, and the words erased 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 proceeding further in the matter, communicate with the Judge of the Supreme Court for his direc- tions.

208. Where a will contains a reference to any deed, paper, memo- randum, or other document, of such a nature as to raise a question whether it ought or ought not to form a constituent part of the will, the produc-. tion of the deed, paper, memorandum, or other document must be re- quired, 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 marks on the testamentary paper, leading to the inference that some paper, memo- randum, or other document has been annexed or attached thereto, they must be satisfactorily accounted for by evidence on oath, or the produc tion 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, memo- randum, or other document is entitled to probate as a constituent part of the will, the officer shall, before proceeding further in the matter, com- municate with the Judge of the Supreme Court for his directions.

209. The foregoing rules respecting wills apply equally to codicils. 210. Every will or copy of a will, or other testamentary paper 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 be aunexed to probates or letters of administration are fairly and properly written, and to reject those which are not so.

III.—Administration

212. The duties of the proper officer in granting administration (not with will annexed) are in many respects the same as in cases of probate.