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Judgment
4 paragraphs · 129 wordsPontifex, J.—None of these authorities go to the extent of showing that where a will has been made, memoranda in a book can be treated as a codicil.
All the memoranda in the book appear to have been made after the date of the will. One memorandum is dated the 11th January 1878, and says: "My will is in an iron safe in my house, whereby I have given to my brother David," &c. All the other memoranda are in January 1877. The memorandum dated the 11th January 1878 sets up the will entirely.
On this ground also that I do not think the memoranda are testamentary, I must refuse probate of them.
Application refused. Administrator-General''s costs of application to be paid out of the estate.