In re WILL OF EDWARD P. ARCHBOLD. ON APPEAL FROM THE SUPREME COURT OF NOVA SCOTIA. A codicil to a will executed shortly before the testator's death, increasing the provision made by a former codicil for a niece of his wife who had lived with him for nearly thirty years, a considerable portion of which she was his housekeeper, was attacked as having been executed on account of undue influence by the niece. Held, reversing the judgment of the Supreme Court of Nova Scotia, Taschereau and Sedgewick JJ. dissenting, that as the testator was shown to be capable of executing a will at the time he made the codicil, considering the relations between him and his niece even if it had been proved that she urged him to make better provision for her than he had previously done such would not have amounted to undue influence.
Held, also, following Perera v. Perer ([1901] A. C. 354) that even if there was ground for saying that the testator was not at the time of execution capable of making a will if he were when he gave the instructions the codicil would still have been valid.
APPEAL from a. decision of the Supreme Court of Nova Scotia affirming the ruling of the Probate Court Judge who refused to admit to probate a second codicil to the will of Edward P. Archbold.
The testator, E. P. Archbold, died on June 29th, 1898, aged 83 years. By his will he left $600 a year to the appellant which was increased to $800 by a codicil not attacked in these proceedings.
A second *PRESENT :-Sir Henry Strong C. J. and Taschereau, Gwynne, Sedgewick anct Girouard JJ.
Cases cited
- A.C. 354 A.C. 354