References: [1844] EngR 282, (1844) 4 Moo PC 265, (1844) 13 ER 304, [1844] UKPC 8
Links: Commonlii, Bailii
Ratio: (Prerogative Court of Canterbury) The mere circumstance of the deceased having called in two witnesses ‘to sign a paper for him,” (which they did in his presence,) but without any explanation of the nature of the instrument being made to them, or the witnesses being able to see if any signature or writing was upon it when they attested it : Held by the Judicial Committee of the Privy Council, affirming the judgment of the Prerogative Court not to amount to an acknowledgment of the signature by the deceased, so as to satisfy the provisions of 1 Tic., c. 26, see. 9, and Probate refused to such paper.
Last Update: 01 September 2019
Ref: 304874
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