FINCK & ANOTHER V. GRAMP & OTHERS

FINCK & ANOTHER V. GRAMP & OTHERS

The testimony of Sister Jeffree, accepted by the trial judge as truthful and reliable, established that the formal requirements for due execution and acknowledgement of the will were not satisfied; the presumption of due execution cannot apply where its observance is disproved, so the appeal fails.

Parties
Appellant: Finck; Appellant: Another (Anor.); Respondent: Gramp; Respondent: Others (Ors.)
Jurisdiction
Australia
Judgment Date
13 June 1952
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Due Execution of Wills, Attestation of Wills
Succession Law Due Execution of Wills Attestation of Wills

Case Brief

Summary, issues, holding and outcome

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Parties

Finck

Appellant

Another (Anor.)

Appellant

Gramp

Respondent

Others (Ors.)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the will of Hugo Edwin Gramp was duly executed and attested as required by section 8 of the Wills Act 1936 (S.A.).

Ratio Decidendi

The testimony of Sister Jeffree, accepted by the trial judge as truthful and reliable, established that the formal requirements for due execution and acknowledgement of the will were not satisfied; the presumption of due execution cannot apply where its observance is disproved, so the appeal fails.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs