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Daintrey v Butcher: 1888

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References: (1888) 13 PD 102
Ratio: For the purpose of proving the correct attestation of a will it is sufficient that the will bears the signature of the testator, that two persons are asked to sign (and do sign) as witnesses and the testator’s signature is so placed that the witnesses could see it, whether or not they in fact did so.
This case is cited by:

  • Cited – Sherrington v Sherrington ChD ([2004] EWHC 1613 (Ch), Bailii)
    The deceased had divorced and remarried. His children challenged the will made after his second marriage.
    Held: There was cogent evidence that the will was not properly executed and that the will went against his wishes as expressed to others. . .

(This list may be incomplete)

Last Update: 21 February 2017
Ref: 198740

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