In the Matter of the Last Will and Testament of Kolambapata bendige Abraham Perera, of Horatuduwa, deceased. K. Haramanis Perera and another, Applicants and Respondents. And K. Johana Perera and eleven others, Respondents and Appellants.

In the Matter of the Last Will and Testament of Kolambapata

bendige Abraham Perera, of Horatuduwa, deceased.

K. Haramanis Perera and another, Applicants and Respondents.

And

K. Johana Perera and eleven others,

Respondents and Appellants.

D. C., Kalutara, 130.

 

Will-Execution in presence of five witnesses-Presence of notary- Validity of will-Roman-Dutch Law-Ordinance No. 7 of 1840, a. 3.

Per Bonser, C.J., and Withers, J. (dissentiente Lawrie, J).- Under section 3 of Ordinance No. 7 of 1840 it is optional for an intending testator to make his will before a notary public or before five or more witnesses. The mere presence of a notary public when a will is executed before five witnesses does not render it invalid.

Per Bonser, C.J.-By the law of Holland a will might be made either before a notary and two witnesses, or without a notary by a will signed by the testator and seven witnesses.

By Ordinance No. 7 of 183

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