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In Re: D. Macintyre

Type Court Judgment Court Allahabad Decided Nov 11, 1918
~1 min read
https://sooperkanoon.com/case/478161

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Citation
Court
Allahabad
Judge
Decided On
Subject
Miscellaneous

Case Summary

AI-generated summary - not the official court judgment text.

Will - Scotch Law--Holograph writing without, witnesses, whether Will. -

Key legal issue
Miscellaneous

Parties & Advocates

Appellant / Petitioner

In Re: D. Macintyre

Legal References

Reported In
AIR1919All568; 56Ind.Cas.683

Excerpt

will - scotch law--holograph writing without, witnesses, whether will. - 1. upon reading the papers before us including the affidavit of james w. moncrieff writer to the signed we are of opinion that the paper-writing, dated the 21st of january 1913, is in the handwriting of the deceased d, macintyer, and that according to scotch law it constitutes a valid will and that the said david macinfyre was a domiciled scotchman at the time of his death. we accordingly cancel the grant of letters of administration previously directed to be issued to the administrator general and in lieu thereof direst that letters of administration with the aforesaid document of the 21st of january 1913, as the last will of david macintyre annexed do issue to the administrator-general.

Full Judgment

1. Upon reading the papers before us including the affidavit of James W. Moncrieff writer to the Signed we are of opinion that the paper-writing, dated the 21st of January 1913, is in the handwriting of the deceased D, MacIntyer, and that according to Scotch Law it constitutes a valid Will and that the said David MacInfyre was a domiciled Scotchman at the time of his death. We accordingly cancel the grant of Letters of Administration previously directed to be issued to the Administrator General and in lieu thereof direst that Letters of Administration with the aforesaid document of the 21st of January 1913, as the last Will of David MacIntyre annexed do issue to the Administrator-General.

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