In the Goods of Miller; Sullivan v Donegan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1941
• Date: 01 January 1941
• Court: Supreme Court

(S.C.),

In the Goods of Miller; Sullivan

and

Donegan

Revocation - Action to admit will to probate - Defence of revocation by subsequent wills which were lost - No direct evidence of execution of subsequent wills - Entries by solicitor in his attendance sheets that these wills had been executed Whether sufficient evidence of due execution - No copies of, or instructions for, these wills and no evidence of contents - Intention of testatrix - Notes in prior will indicating intention to benefit persons not mentioned in will - Similar intention in instructions for a further will which was never executed -Evidence of invariable practice of solicitor in drawing will to dispose of entire estate - Sufficiency of such evidence to establish such disposition - Wills Act, 1837 (7 Wm. 4 1 Vict., c. 26), s. 20.

In 1929 E. M. executed a will and codicil which she subsequently revoked by a later will made...