In the Goods of George Ball

• Jurisdiction: Ireland
• Judgment Date: 20 December 1890
• Date: 20 December 1890
• Court: Court of Probate (Ireland)

Probate.

IN THE GOODS OF GEORGE BALL.

Sugden v. St. LeonardsELR 1 P. D. 154.

Gould v. LakesELR 6 P. D. 1.

Probate — Declaration by testator after execution — Part of will lost — Secondary evidence.

_Probate. Ils7 THE GOODS OF GEORGE BALL. 1890. Dec. 20. Probate-Declaration by testator after execution-Part of will lost-Secondary evidence. A declaration made by a testator after the execution of his will may be admitted as secondary evidence of the contents of part of the will, where that part of the will has been lost. A will was originally written by the testator on three sheets of paper, each of which was signed at the top by himself and the witnesses who duly attested the will. After the testator's death his will was found in an envelope, endorsed with the words-" The last will and testament of G. B."; the second and third sheets were found in their original condition, but the first sheet was indorsed at the top with a statement that the original first sheet was torn and soiled, and that the testator had written out the sheet so found as a copy. This statement, as well as the rest of the sheet, was in the testator's handÂwriting. The original first sheet was not found : Held, that the declaration so made by the testator might be received as evidence of the contents of the missing sheet, and that the copy of the first sheet and the two subsequent original sheets should be admitted to probate. GEORGE BALL died on the 26th April, 1885, having previously made his last will dated 1st August, 1864. The will was written by the testator on three sheets of paper marked A, B, and C respectively ; each of these sheets was dated 1st August, 1864, and was signed at the top by the testator and the two 'witnesses to the will. The attestation clause was as follows :-signed, sealed, published, and declared by the said George Ball, as and for his last -will and testament on those three sheets of paper marked A, B, and C, and signed with his and our names in our presence at his request, who, in his presence and in the presence of each other, have signed our names hereto as witnesses. After the death of the testator his will was found amongst his papers in an envelope endorsed in his handwriting with the words -" The last will and testament of George Ball." The names of the two witnesses to the will were also written on this envelope. Of the sheets on which the will was originally written, those VOL. XXV.) CHA.NCEItY DIVISION. 557 marked B, and C, were...