Bell v Hughes

• Jurisdiction: Ireland
• Judgment Date: 12 June 1880
• Court: Chancery Division (Ireland)
• Date: 12 June 1880

CHANCERY DIVISION

BELL

and

HUGHES.

Moore v. King 2 No. Cas. 45.

Casement v. Fulton 5 Moore's P. C. C. 130.

In the Goods of White 2 No. Cas. 461.

In the Goods of Kileher 6 No. Cas. 15.

Harrison v. Elvin 3 Q. B. 117.

In the Goods of AshmoreENR 3 Curt. 756.

In the Goods of Amiss 2 Rob. 116.

Playne v. Scriven 1 Rob. 772.

In the Goods of Elizabeth Trevanion 2 Rob. 311.

In the Goods of Hannah Cope 2 Rob. 335.

In the Goods of Mobbs 2 Eccl. & Ad. 59.

Hindmarsh v. CharltonENR 8 H. L. C. 160.

In the Goods of Maddock L. R. 3 P. & M. 169.

M'Conville v. M'CreeshDLTR 13 Ir. L. T. R. 35.

In the Goods of LewisENR 7 Jur. (N. S.) 688; 2 S. & T. 153; 31 L. J. P. & M. 153.

Lewis's CaseENR 2 S. & T. 153.

Will — Attestation — Illiterate witness — Witness holding pen while her name is subscribed by another person — Practice — Decree establishing will — Grant of probate or letters of administration.

VoL. V.] CHANCERY DIVISION. 407 BELL v. HUGHES. Prob. 1880. Will-Attestation-Illiterate witness-Witness hoPing pen while her name is - subscribed by another person-Practice-Decree establishing will-Grant June 12. of probate or letters of administration. An attesting witness to a will being unable to write, instead of attesting by a mark, procured another person to write her name, she holding the pen " while" her name was being written :-Held, a good attestation. In a decree establishing the validity of a will, the selection of the persons to whom probate or letters of administration shall be granted should be left, in the first instance, to the proper officer of the Division, whose decision, if erroÂneous, is subject to appeal. APPEAL from the County Court Judge of Armagh. The action was instituted to establish the will of Anne Bell, widow, who died on the 2nd of June, 1872. From the evidence as set out in the case stated by the County Court Judge, it appeared that the testatrix signed her name to the will, in the presence of Thomas Irwin and Sarah M'Alden ; and then Thomas Irwin signed his name as an attesting witness : but Sarah M'Alden, being unable to read or write, requested Irwin to write her name for her, which he did, she holding the pen while he wrote her name. The question reserved was whether this was a sufficient attestation by Sarah M'Alden. The County Court Judge decided in the affirmative, and decreed in favour of the will. Mr. J. IL Campbell, for the Appellant :-A mere acknowledgÂment by an attesting witness of a...