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On Wednesdav Mr Icst : c. ? Sim giant.-d probata of two -vills made iiy th'- i"te Hon. T Forzufl. The was ;-'"!" at mm--Tie' rireumsian-es wei ■• tomeunusual. Mr Fevgu-'= iir.-t e.-.1l «a • made en \pi'il 2.. ITUO, and iii_ it- he l:e----m,entiled evervtldng io Mrs Fergus :or life—afterwards i<- he d,vid-d among tno children. On August 21, ! r oo, toe late Mr Fergus wrote' out a short will on a. sheet of notepaier. not fully :ilt e'-d ,m'. coidilif to tiie Wii's Act. npreseu'leg ni subftanee the fullv legal vid. Olio of the witnesses who attested this second w:ll is dead, and the etlier has no recollection ot th-' 1 circiimstar.ccs. His [loner eswrcsFed the opinion that tlin Mcend document ought to he treated as having been duiv executed, and adiniitej to probate. It did not pf.rrnit to tevoke the will of 190 C, and oid not contain any appointmer.t of exerut<-.r. The rippoinnnent of the executor under the 1900 will still regained in operation, and if that will had done nothing else it would he stnl entitled t> probata He thouglit that probate should be granted to Mrs Furgus of both wills, as cdnUdning tho last will of the deceased. An order would be made to this effect. His Honor said that it might be desirable to add that all the machinery clauses of the, first will might bo still in foicc. The miction of how far the second will had revoked the first could be settled, if necessary, under an originating summons.

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Bibliographic details

HON. T. FERGUSS'S ESTATE, Issue 15661, 27 November 1914

Word Count

HON. T. FERGUSS'S ESTATE Issue 15661, 27 November 1914

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