Ibrahim Neina V. Kosumma Et Al.,

Present: Lascelles C.J. and Middleton J.

IBRAHIM NEINA v. KOSUMMA et al.

122-D. C. Batticaloa, 577.

Last will-Execution-Witnesses standing outside the room when deceased signed will, but able to see-Presence-Ordinance No. 7 of 1840, s. 3-Appeal-Security bond not stamped fully before the time allowed-Appeal does not abate-Civil Procedure Code, s. 756. The witnesses to a will were not actually in the same room as the deceased and the notary when the former signed the will, but were in a verandah opening into the room and saw and were conscious of what was taking place in the room.

Held, they were in the " presence " of the testator within the meaning of section 3 of Ordinance No. 7 of 1840.

Middleton J.-The wording of section 3 does not seem necessarily to imply that the attestation of the notary must be made in the presence of the witnesses. They all must be present at the execution by the testator and witness the signature and must duly attest such execution thereafter, as I read the clause.

This appeal was held not to have abated, though the appellants security bond was not fully stamped within the time allowed.

Lascelles C.J.-

Click Here to Read the rest of this document