Cinnamon v Public Trustee for Tasmania [1934] HCA 26
Probate should be granted of the first and third pages of the will, excluding the pencilled alterations, as the writing on the third page was sufficiently incorporated by the use of the word 'over' and was intended to form part of the will. The testator's signature was at the foot or end within the meaning of the Wills Act.
- Parties
- Appellant: David Cinnamon; Respondent: The Public Trustee for Tasmania
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Appeal From Supreme Court of Tasmania
- Outcome
- Appeal dismissed
- Legal Topics
- Execution of Wills, Incorporation of Documents, Alterations to Wills, Probate
Case Brief
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Parties
David Cinnamon
Appellant
The Public Trustee for Tasmania
Respondent
Procedural Posture
Appeal / Appeal From Supreme Court of Tasmania
Legal Issues
- 1 Whether the third page of the will was validly incorporated as part of the testamentary dispositions
- 2 Whether the will was executed at the foot or end in compliance with the Wills Act 1837, sec. 9, as applied in Tasmania
- 3 Effect of pencilled alterations and interlineations on the validity of the will
Ratio Decidendi
Probate should be granted of the first and third pages of the will, excluding the pencilled alterations, as the writing on the third page was sufficiently incorporated by the use of the word 'over' and was intended to form part of the will. The testator's signature was at the foot or end within the meaning of the Wills Act.
Court Disposition
Appeal dismissed
Orders
- Judgment below affirmed
- Costs of both parties out of the estate
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