What is the testator’s knowledge of the contents of a will propounded by the testatrix?
Saskatchewan, Canada
The following excerpt is from Painter v. Hodgkin (No. 2), 1935 CanLII 167 (SK CA):
The same view seems to have been taken in subsequent cases. Thus in Reece v. Pressey (1856) 2 Jur. N.S. 380, a will was propounded by an executor who had prepared it and was the principal beneficiary thereunder. When the question of its validity came up at the trial, he was also the only witness to depose to the testatrix’s knowledge of its contents; yet upon such evidence, and after proof of its due execution by her, it was admitted to probate. And in Raworth v. Marriott (1833) 1 My. & K. 643, 39 E.R. 824, it was held that the testator’s knowledge of the contents of the will which was there propounded could be found upon circumstantial evidence.
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