Grant v. Newman (1985), 54 Nfld. & P.E.I.R. 88 (NFTD);
160 A.P.R. 88
MLB headnote and full text
Grant v. Newman
(1984 No. C.B. 101)
Indexed As: Grant v. Newman
Newfoundland Supreme Court
Trial Division
Noel, J.
May 28, 1985.
Summary:
The executor of a deceased’s will applied for probate of the will. The application was opposed by the executor of a subsequent will, which he submitted to probate.
The Newfoundland Supreme Court, Trial Division, admitted the second will to probate.
Wills – Topic 4
Testamentary disposition – What constitutes – A man wrote out a holograph will before a witness to whom he gave the will, saying: “I am giving you a handwritten copy now.” – It was alleged that the designation by the testator of the will as a “copy” rendered it invalid as a will – The Newfoundland Supreme Court, Trial Division, held that the will was valid, notwithstanding the testator’s description of it, because the will disclosed the intention of the testator respecting the posthumous destination of his property and was made by him in conformity with the Wills Act.
Cases Noticed:
Attorney General v. Jones (1817), 3 Price 291, appld. [para. 8].
Milnes v. Foden (1890), 15 P.D. 105, appld. [para. 9].
Whyte v. Pollok (1882), 47 L.T. 356, appld. [para. 10].
Authors and Works Noticed:
Jarman on Wills (8th Ed.), vol. 1, p. 32 [para. 10].
Counsel:
Joseph Hutchings, for the plaintiff;
Frederick R. Stagg, for the defendant.
This case was heard on April 9, 1985, before Noel, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following judgment on May 28, 1985:
