Cases Flashcards
Banks v Good fellow
T had delusions, will was valid, sound mind, memory and understanding
Timbury v Coffee
drunkenness - invalid
wife unfaithful
Battan Singh v Amirchand
last stages of disease - not of sound mind
Harwood v Baker
brain disease - not of sound understanding
Wilkinson v Joughin
Fraud - married woman
Estate of Park
Marriage as an involuntary revocation
Cole v Cole
mere persuation
Barry v Butlin
suspicion - solicitor handwriting
Tyrel v Painton
suspicion - hadn’t added Painton in the original will
Wintle v Nye
when checking fraud - slight to dispel - grave that it cant be removed
Re Morris
Mistake - Testator wrote to solicitor to remove the bequest in clause 3 & 7(iv), when solicitor drew up codicil, he stated clause 3 & 7. whole of 7 was revoked
Will in any material
cigarette pack - Murray
egg shell - Hodson v Barnes
Code - Kell v Charmer
Re Cooks Estate
any mark by testator
Re Chalcrafts
part of signature is valid
Karanja v Karanja
no designated place
placed as to show intention to give effect
Wambui v Gikonyo
Deceased thumb printed last, witnesses signed first doesn’t invalidate
Estate of james Muigai
witnesses need not be present at the same time
Estate of Susan Kilonzo
Attesting a will where witnesses put a signature with intention of validating the testators signature
Estate of George Mbugua
beneficiary can be witness but other two independent witnesses must attest
Cheese v lovejoy
crumpled it into a ball of paper - not revoked
Estate of Southerden
counterparts are valid as if original
evidence of loss may be rebutted by proving the contents of the lost will or the declaration of the testator during his lifetime
