SUPREME COURT

Press, Volume XCII, Issue 27708, 12 July 1955, Page 6

SUPREME COURT

DOCUMENTS PROVED AS LAST WILL

“I find that the testator was competent and capable; that the two documents of January 31, 1952, were read to him; that he understood and approved their contents; and therefore they comprise his last will and testament,” said Mr Justice Henry in the Supreme Court yesterday, pronouncing in solemn form of law that the documents had been proved to be the last will of Frederick Charles Jenkin, a retired commercial traveller. Mr A. K. Archer appeared for the plaintiffs, Lillian Rose Jenkin, a widow, and Lawson Ashton Brown, retired, executors of the will. Mr H. W. Hunter appeared for the defendants, Frederick Hay Jenkin, a commercial traveller, Buala Hay Henry, a widow, Mason Hay Jenkin, a florist, and David Pattulo, a poultry farmer.

Mr Archer said it was an action seeking probate in solemn form of one of two wills. The testator, Frederick Charles Jenkin, died on July 28, 1952, aged 79. The first three defendants were his children by a former marriage and were all beneficiaries under the two wills in question. Pattulo, a son-in Jaw of Mrs Jenkin, was named as an executor in one wilt The plaintiffs submitted that the last will was the one executed on January 31, 1952. The defendants were not proceeding with the defence. The testator had suffered from bad eyesight for many years. He had one glass eye and in latter years he had been practically blind and read only laboriously. All the wills he made were in almost identical terms and the evidence would show that he had a clear knowledge of the contents of his will. The estate was valued at approximately £6OOO. No steps had yet been taken to obtain probate or letters of administration. In the circumstances, the executors thought it proper that application should be made to the Court for probate in solemn form. Evidence on Signature William Alexander Hammett, an insurance clerk, and Murray Benjamin Walters Jones, an insurance inspector, said that early in 1952 they witnessed the signature of the testator to his will. Herbert Robinson Peers, secretary of the Manchester Unity, Independent Order of Oddfellows, and William Alexander Mitchell Cameron, a turner, and a member of the order, said that the testator and Mrs Jenkin came to the office of the order one morning and they witnessed the testator’s signature to his will. Mrs Lillian Rosa Jenkin, widow of the testator, said they were married on December 19, 1949. Her husband had a will drawn up for him in 1951. He read it with great difficulty and he thought its language was too complicated. He asked her if she could type one for him. She agreed to do so. They wrote out parts and then these were read to her husband by Mr Brown. Some changes were made in the drafts and then she typed the will. Two wills were made by her husband and signed. Her husband’s intellect was very clear. He couldread if the light was suitable. Lawson Ashton Brown, an executor, said he was positive the testator knew what he wanted done with his estate and knew what was in his will. Mr Hunter said that the defence was not prepared to go on. His Honour said that the Court could go no further than hold that the documents had been proved to be the last will and testament of Frederick Charles Jenkin. The plaintiffs would now have to move for probate of the will.