LOST WILL

Otago Daily Times, Issue 23702, 9 January 1939, Page 12

LOST WILL

BACHELOR’S ESTATE CARBON COPY UPHELD (From Oun Own Correspondent) (By Air Mail) LONDON. Dec. 15. Because an original will could not be found, Mr Justice Henn Collins, in the Probate Court, pronounced in favour of a carbon copy. The action concerned the will of Mi John Henry Dalton, a bachelor, formerly of Thurnham Hall, near Lancaster. who died on March 19. 1937, aged 63, leaving a free estate to the value of £20,000. . The plaintiff was Mr Douglas Phipps Sturton. solicitor, of Castle Park, Lancaster, one of the executors of the will of Mr Dalton, dated March 22. 1920, and the defendant was Mrs Mary Emma Dalton, mother of the testator, who is 90. and lives at Thurnham Hall. She alleged that the will was not duly executed, and further, that it was revoked by the testator. Giving judgment, Mr Justice Henn Collins said: “ In 1936 it was said that Mr Dalton was considering altering his will, and I am satisfied that at that time the will of 1920 was an existing document. “ I am satisfied he did not destroy the will with the intention of doing so. I think the probability is far greater that in the mass of papers that were loft behind it was overlooked, or probably destroyed. The judge admitted to probate the carbon copy of the will of March 22. 1920. and pronounced in its favour.