Re Begley; Begley v McHugh

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Supreme Court

In re Begley; Begley

and

McHugh

Evidence - Reading over of will to testatrix - Presumption of her knowledge and approval - Jury's findings that will was duly executed, that testatrix was of testamentary capacity, but that she did not know and approve of contents - Whether presumption of knowledge and approval applicable.

A presumption arises where a testator, of sound mind, memory and understanding, has had a will read over to him and has duly executed it, that he knew and approved of its contents, but in order that such a presumption should apply, in the event of the validity of the will being contested, it must be established to the satisfaction of the Court or of the jury if the case be tried with a jury, that not only was the will read over to the testator, but that it was read in such a way as to make plain its contents to him. Where, therefore, the validity of a will was contested, and it was proved in evidence that the will had been read over to the testatrix before she signed it, and the jury found: —1, that the will had been duly executed, 2, that the testatrix was of sound mind, memory and understanding, but 3, that she did not...