WITNESS TO CODICIL

Evening Post, Volume CXVI, Issue 31, 5 August 1933, Page 12

WITNESS TO CODICIL

INFORMAL SIGNATURE

PROBATE IMPOSSIBLE

; The importance of witnessing a will in correct form was emphasised by proceedings that came before Mr. Justice Herdmau in the Auckland Supreme Court on Thursday, states the "JSTew Zealand Herald." Owing to an informality a long codicil has to be abandoned. The will was that of Mrs. Phoebe Milburn, who died in August, 1929, and action was taken by Mr. Munro on behalf of the executors to prove it in solemn form. No defence! was filed. Mr. Munro said there was no question as to the will'and the first codicil, but the second codicil was incorrectly attested. | The circumstances) were that the .second j codicil had been produced to a lady-help in the house already bearing the signature of the testatrix and the first witness. Knowing that the witnesses were required to sign iv each other's presence and in the presence of the testatrix,' the ladyhelp objected to signing, but was finally persuaded to do so. "That document cannot be admitted to probate," said Mr. Munro. "Your Honour has previously i ordered the will to be proved in solemn ! form, and I anl asking only t for probate of the will and of the first codicil." Mr. Munro then called in evidence a witness of the will and a witness of the first codicil. The second codicil contained j provision for bequests to nieces, and altered other provisions relating to other members of the family. His Honour granted probate of the will and of the first codicil and allowed costs.