EDWARDS V. BOYD

EDWARDS V. BOYD

The appeal cannot succeed because the evidence supported the finding that the will was duly executed, and the principles articulated in Patterson v Patterson must be applied, preventing admission of fresh evidence at this stage.

Parties
Appellant: Edwards; Respondent: Boyd
Jurisdiction
Australia
Judgment Date
07 December 1955
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs but without prejudice to any application or appeal the appellant may make or institute in the Supreme Court of New South Wales.
Legal Topics
Will Execution, Probate
Succession Law Will Execution Probate

Case Brief

Summary, issues, holding and outcome

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Parties

Edwards

Appellant

Boyd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the will dated 29th September 1950 was duly executed.
  2. 2 Whether fresh evidence from an attesting witness can be admitted on appeal.

Ratio Decidendi

The appeal cannot succeed because the evidence supported the finding that the will was duly executed, and the principles articulated in Patterson v Patterson must be applied, preventing admission of fresh evidence at this stage.

Court Disposition

Appeal dismissed with costs but without prejudice to any application or appeal the appellant may make or institute in the Supreme Court of New South Wales.

Orders

  • Appeal dismissed with costs but without prejudice to any application or appeal the appellant may make or institute in the Supreme Court of New South Wales.
  • In so far as the respondent's costs of the appeal are not paid by the appellant, such costs to be paid out of the estate.