PERERRA
V.
PERERRA

(1901) JELR 80316 (PC)    
Privy Council  ·  23 Mar 1901 ·  United Kingdom
 · 
Other Citations
(1901) AC 354
CORAM
L0RD MACNAUGHTEN. LORD DAVEY. LORD ROBERTSON. LORD LINDLEY. SIR F0R1) NORTH.
Core Terms Beta
testator
june
witnesses
notary
dr. rockwood
lordships
case
dr. fonseka
simon fernando
support of the will
dr. fernando
presence of the testator
supreme court
able argument
alleged testator of sound
ample opportunity
appeal laurie j.
bodily presence of a notarv public
browne acting j.
chief justice
consequence of this threat
court of first instance
cross-examination
dr. fonsoka
earlier time
early morning
good terms
ground of gooneratne
intimate friend of the testator
june perera
late majesty
learned judges
licensed notary
like effect
little secrecy
material points
minute instructions
mr. mayne
notarial will
own conduct
presence of a licensed notary
signature of the testator
sir james hannen lays
statement of the judge of first instance
such execution
view of laurie j.
will of abraham perera
words of the ordinance

LORD MACNAUGTEN (reading the judgment)

This Appeal is ex parte. There are five questions in the case (JDC of law and one of fact :—(1.) Was the document propounded as the will of Abraham Perera duly executed according to the law of Ceylon ? (2) Was the alleged testator of sound and disposing mind when he set his hand to that document ?

Ordinance 7 of 1840 Section 3 enacts that no will shall be valid unless the signature of the testator " shall be made or acknowledged the ' testator in the presence of a licensed notary ' public and two or more witnesses who shall be present at the same time and duly attest such execution or if no notary shall be present then such signature shall be made and acknowledged by the testator in the presence of five or more ' witnesses present at the same time and such " witnesses shall subscribe the will in the presence of the testator but no form of ' attestation shall be necessary

Perera's will was signed with a cross by the testator in the presence of five w…

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