364
No. 14 of 1886.
WILLS.
[15 & 16 Vict, c. 24 s. 3.]
Rules as to position of testator's signature to will. [ib. s. 1.]
Application of the Ordinance to certain wills already made. [ib. s. 2.]
**
"Will" has the same meaning as in the Principal Act.
3. (1) Every will shall, so far only as regards the position of the signature of the testator or of the person signing for him, be deemed to be valid within the Principal Act as explained by this Ordinance, if the signature is so placed at, or after, or following, or under, or beside, or opposite to the end of the will that it is apparent on the face of the will that the testator intended to give effect by such his signature to the writing as his will; and no such will shall be affected by the circumstance that the signature does not follow or come immediately after the foot or end of the will, or by the circumstance that a blank space intervenes between the concluding word of the will and the signature, or by the circumstance that the signature is placed among the words of the testimonium clause or of the clause of attestation, or follows or is after or under the clause of attestation, either with or without a blank space intervening, or follows or is after, or under, or beside the names or one of the names of the subscribing witnesses, or by the circumstance that the signature is on a side or page or other portion of the paper or papers containing the will whereon no clause, or paragraph, or disposing part of the will is written above the signature, or by the circumstance that there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paper on which the will is written to contain the signature.
(2) The enumeration of the above circumstances shall not restrict the generality of the above enactment; but no signature under the Principal Act or this Ordinance shall be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature is made.
4. This Ordinance shall extend and be applied to every will made prior to 31st October, 1854, and taking effect in the Colony, administration to which or probate of which had not up to that date been granted or ordered by a Court of competent jurisdiction in consequence of the defective execution of such will, or where the property, not being within the jurisdiction of the Supreme Court, has not been possessed or enjoyed by some person claiming to be entitled thereto in consequence of the defective execution of such will, or the right thereto has not been decided to be in some other person.
As amended by No. 50 of 1911 and No. 82 of 1911.
364
No. 14 of 1886.
WILLS.
[15 & 16 Vict,
c. 24 s. 3.]
Rules as to position of testator's signature to will. [ib. s. 1.]
Application of the Ordinance to certain
wills already
made. [ib. s. 2.]
**
Will" has the same meaning as in the Principal Act.
3. (1) Every will shall, so far only as regards the position of the signature of the testator or of the person signing for him, be deemed to be valid within the Principal Act as explained by this Ordinance, if the signature is so placed at, or after, or following, or under, or beside, or opposite to the end of the will that it is apparent on the face of the will at the testator intended to give effect by such his signature to the writing as his will; and no such will shall be affected by the circumstance that the signature does not follow or come immediately after the foot or end of the will, or by the circumstance that a blank space intervenes between the concluding word of the will and the signature, or by the cir cumstance that the signature is placed among the words of the testimonium clause or of the clause of attestation, or follows or is after or under the clause of attestation, either with or without a blank space intervening, or follows or is after, or under, or beside the names or one of the names of the subscribing witnesses, or by the circumstance that the signature is on a side or page or other portion of the paper or papers containing the will whereon no clause, or paragraph, or disposing part of the will is written above the signature, or by the circumstance that there appears to be sufficient space on or at the bottom of the preceding side or page or other portion of the same paer on which the will is written to contain the signature.
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(2) The enumeration of the above circumstances shall not restrict the generality of the above enactment; but no signature under the Principal Act or this Ordinance shall be operative to give effect to any disposition or direction which is underneath or which follows it, nor shall it give effect to any disposition or direction inserted after the signature is made.
4. This Ordinance shall extend and be applied to every will made prior to 31st October, 1854, and taking effect in the Colony, ad- ministration to which or probate of which had not up to that date been granted or ordered by a Court of competent jurisdiction in consequence of the defective execution of such will, or where the property, not being within the jurisdiction of the Supreme Court, has not been possessed or enjoyed by some person claiming to be entitled thereto in consequence of the defective execution of such will, or the right thereto has not been decided to be in some other
As amended by No. 50 of 1911 and No. 82 of 1911.
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