In the Goods of James Spotten, Deceased

• Jurisdiction: Ireland
• Judgment Date: 03 June 1880
• Date: 03 June 1880
• Court: Chancery Division (Ireland)

CHANCERY DIVISION.

IN THE GOODS OF JAMES SPOTTEN, DECEASED.

Leslie v. Leslie Ir. R. 6 Eq. 332.

Re Claringbull 3 No. Cas. 1.

Guest v. WillaseyENRENR 2 Bing. 429; 3 Bing. 614.

Attorney-General v. DowningENR Amb. 571, 574.

In re Lloyd Ir. R. 6 Eq. 348.

In re BrownELR 2 P. D. 110.

Bunny v. Hemsted 3 No. Cas. 593.

Burton v. Newbery 1 Ch. Div. 234, 237.

Guest v. WillaseyENR 2 Bing. 429.

Claringbull's Case 3 No. Cas. 1.

Williams v. Evans 1 Cro. & M. 42.

Aaron v. AaronENR 3 De G. & S. 475.

Burton v. Newbery 1 Ch. Div. 234, 239.

Re Hutton 5. No. Cas. 598.

In the Goods of Phelps 6 No. Cas. 695.

Re WillmottENR 1 S. & T. 36.

Will Unattested codicil Subsequent codicil not referring to prior codicil Executors according to the tenor.

Vox. V.] CHANCERY DIVISION. 403 IN THE GOODS OF JAMES SPOTTEN, DECEASED. Prob. 1880. Will-Unattested codicil-Subsequent codicil not referring to prior codicil- Executors according to the tenor. A testator made his will, bearing date the 3rd of January, 1878, by which he appointed W. S. and T. K. trustees to carry out his will ; and he also apÂÂpointed his two sons W. and G. trustees of his estate, with full power to carry out the contents of his will ; and if they should not agree, the two trustees previously appointed to set them right. He made a first codicil, dated the 20th of December, 1879, which was only attested by one witness. He made a second codicil, dated the 1st of March, 1880, described in the attestation clause as a codicil to his will, and which codicil was attested by two witnesses, but did not refer in any way to the first codicil. All three writings were on the same piece of paper: Held, that the second codicil did not set up the first, which must, therefore, be rejected. Held, also that W. S. and T. K. were named as executors, and. that W. and G. were executors according to the tenor, and that probate might go to the four jointly. THIS was an ex parte application by William Spotten for a grant of probate of the will and codicils of the deceased James Spotten, late of Rosehill, in the county of Cavan, to William Smyth and Thomas Kiernan, together with William Spotten and George Spotten, sons of the deceased, as executors, or executors according to the tenor. The facts, so far as they are necessary for this report, were as follow :-On the 3rd of January, 1878, the deceased made his will, whereof he appointed William Smyth and Thomas Kiernan trustees ; he also directed, that if his son George wished to...