Balcom Estate, Re, (1975) 22 N.S.R.(2d) 707 (ProbCt)

• Judge: McLellan, J.
• Court: Probate Court of Nova Scotia (Canada)
• Case Date: December 16, 1975
• Jurisdiction: Nova Scotia
• Citations: (1975), 22 N.S.R.(2d) 707 (ProbCt)

Balcom Estate, Re (1975), 22 N.S.R.(2d) 707 (ProbCt);

    31 A.P.R. 707

MLB headnote and full text

Re Balcom Estate

Indexed As: Balcom Estate, Re

Nova Scotia Probate Court

McLellan, J.

December 16, 1975.

Summary:

This headnote contains no summary.

Wills - Topic 1556

Preparation and execution of wills - Attestation - Acknowledgement of signature by testator in presence of witnesses - A testator signed a will and then summoned witnesses and asked them to sign his will - The testator did not specifically acknowledge that the signature on the document was his signature - The Nova Scotia Probate Court held that the will was valid - The Probate Court stated that an acknowledgement was sufficient where a testator says that this is my will, or words to that effect, even though the testator does not say that this is my signature.

Cases Noticed:

Blake v. Blake (1882), 7 P.D. 102, folld. [para. 3].

Daintree v. Butcher and Fasulo (1888), 13 P.D. 102, folld. [para. 3].

Authors and Works Noticed:

MacDonell, Sheard and Hull, Probate Practice (2nd Ed.), p. 49 [para. 3].

Counsel:

W.O. Newton, appearing on behalf of the Executor;

L.M. Smith, Q.C., appearing on behalf of Mrs. Peggy Hovill and Laurie Balcom.

The judgment of McLELLAN, J., of the Nova Scotia Court of Probate was delivered orally at Kentville, Nova Scotia, on December 16, 1975.