WILL.

mere

is an

By the Statute of Wills (1 Vict., c.

26, s. 21), obliterations, interline-
ations, or other alterations in a
Will, after execution, are void, if
not affirmed in the margin, or
otherwise, by the signature of the
Testator, and the attestation of

witnesses.
The

circumstance of the
amount, or the name of a legatee,
being inserted in different ink,
and in a different handwriting,
does not alone constitute an oblite-
ration, interlineation, or other
alteration, within the meaning of
the Statute, nor does any pre-
sumption arise against a Will
being duly executed as it appears.
The case is different where there

erasure apparent on the
face of the Will, and that erasure
has been superinduced by other
writing. In such circumstances,
the onus probandi lies upon the
party who alleges such alteration
to have been done prior to execu-
tion, to prove by extrinsic evidence,
that the words were inserted be-
fore execution, and that they had

the sanction of the Testator.
In the absence of proof, that certain

words in a Will, written with a
different pen and in a different ink,
and in a different handwriting,
partly upon an erasure, were in-
serted prior to execution, so much
of such Will, consisting of the
inserted words, which constituted
& reversionary dispositiou, pro-
nounced against.

Where a Will is prepared and writ

ten by a medical man in attendance on a Testatrix, at that time dangerously ill, and without professional advice, by which he is made the principal object of the Testatrix's bounty, to the exclusion of her near relations, a Court of Justice, regarding the subsisting relation of a medical man and

London : Printed by Woodfall and Kinder, Angel Court, Skinner Street.