WITNESS TO CODICIL

New Zealand Herald, Volume LXX, Issue 21561, 4 August 1933, Page 10

WITNESS TO CODICIL

INFORMAL SIGNATURE PROBATE IMPOSSIBLE The importance of witnessing a will in correct form was by proceedings that came before Mr. Justice Herdman in the Supreme Court yesterday. 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 tho second codicil was incorrectly attested. The circumstances were that the second codicil .had been produced to a lady help in the house already bearing the signature of the testatrix and tho First witness. Knowing that tho witnesses wero required tb sign in each other's presence and in the presence of the testatrix, the lady help objected to signing,, but Was finally, persuaded to do so. " That document cannot be admitted to probate," said Mr. Munro. " Your Honor has previously ordered the will to be proved in solemn form, and I am asking only 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 provision for bequests to nieces, and altered other provisions relating to other members of the family. His Honor granted probate of the will and of tho first codicil and allowed costs.