The Law Reports volume 3

Cover The Law Reports volume 3
The Law Reports volume 3
Divorce Great Britain High Court of Justice Probate
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This interview was in March, 1872. The deceased did not send for Mr. Dawes until the 30th of August, about a fortnight before her death. She thed spoke of the lease of the houses, and her plate at her banker's, but did not mention her will. Mr. Dawes asked her if she had any other business to transact ; she answered she had not.
The conclusions of fact which I draw from this evidence are 1. That the deceased did not intend by tearing and burning a por- tion of her will to cancel it in toto ; 2.
... That she believed that by preserving the residuary clause, with her signature and the sub- ' scription of the witnesses, and placing this portion with the paper written at her dictation, she was constituting a new will ; 3. That but for this belief she would not have torn off the portion which she destroyed, seeing that the substituted disposition did not sub- stantially alter her distribution of the bulk of the property amongst the Dancer family, and that she could not have thought that the tearing was necessary in order to get rid of Upward as executor, because from the manner in which she dealt with the more impor- tant residuary clause she shewed that she considered striking his name out sufficient : 4.

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