Curator Of Intestate Estates V. Paulina Bright & Anor (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Will—Testamentary capacity—Will declared null and void.

Facts

Judge held on the facts that there was lack of testamentary capacity Supreme at the time of exemting the Will, but relying on Caesar r. Boh•tnon, (1938 Court.1 A.E.R. 271) upheld certain minor provisions therein.

Held

Decision in Caesar v. Bohrman should not by extended in its application to cases where facts are different.

Appeal allowed and judgment substituted declaring Will null and void in its entirety.