Mulhall and Another v Mulhall
| Jurisdiction | Ireland |
| Judgment Date | 18 November 1936 |
| Date | 18 November 1936 |
| Docket Number | (1936. No. 339 P.) |
| Court | High Court (Irish Free State) |
Execution in presence of two witnesses both present at the same time -One witness not in room in which will was signed - Present in room from which he could have seen will signed - Due execution.
Testator desiring to execute a will which he had already written out in his own hand, brought one of the witnesses into a room in testator's dwelling-house and there executed the will in that witness's presence. The second witness was then sitting in a position in an adjoining room from which he could have seen the will being signed by the testator through the doorway between the two rooms, the door being open at the time. After the testator had executed the will it was signed by the first witness in the presence of the testator in the room in which the witness and the testator...
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Table of Cases
...Bank Ltd v Peake (Hurdwell cited) [1971] P 62, [1970] 2 WLR 865, [1970] 1 All ER 1057, 113 Sol Jo 923, PD&A 72, 107 Mulhall v Mulhall [1936] IR 712, Ir HC 32 Murphy v Murphy. See Holland v Murphy Murrin v Matthews; Papillon (Deceased), Re [2006] EWHC 3419 (Ch), [2006] All ER (D) 297 (Dec) 3......
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Execution of a Will
...the presence of both witnesses and before either of the witnesses has signed or acknowledged their signatures, but see Mulhall v Mulhall [1936] IR 712 where one of the witnesses was in another room but the door between them was open, which was held to be sufficient. As long as the witnesses......