Cooke v Henry

• Jurisdiction: Ireland
• Court: High Court (Irish Free State)
• Judgment Date: 04 March 1932
• Date: 04 March 1932

I.F.S.],

Cooke

and

Henry

Attestation clause erroneously stating will signed in presence of witnesses - Subsequent acknowledgment by testator of his signature - Sufficiency of evidence of acknowledgment - Whether witness aware that they were attesting the acknowledgment and not the signature - Wills Act, 1837 (1 Vict., c. 26), s. 9.

H. who was 70 years of age was very ill, and was being spiritually attended to by a young priest, who was a relative. He asked the priest to draw up a will for him and the priest drafted a will accordingly. On leaving, the priest took the document away with him. Some nights later H. asked a friend, who was sitting up with him, to go and get...