The Sun.
London, England, 1858-01-09 00:00:00

NON-CONTENTIOUS BUSINESS.

Rules, Orders, and Instructions for the Registrars of
the Principal Registry of her Majesty's Court of Pro-
bate, made under the provisions of the "Act to
Amend the Law relating to Probates and Letters of
Administration in England" (20 and 21 Viet., cap.
77), in respect to Non-Contentious Business.
Non-contentious business shall include all common
form business as designed by the act, and the warning
of caveats.
1. Application for probate or letters of administration
may be made at the principal registry in alt cases.
2. For the present such applications are to be made
through a proctor, solicitor, or attorney.
3. In no case should the registrars allow the probate
or administration to issue until all the inquiries which
they may see fit to institute have been answered to their
satisfaction. The registrars are, notwithstanding, to
afford as great facility for the obtaining grants of probate
or adnsinistration as is consistent with a due regard to
the prevention of error or fraud.

As to Probate of Wills and Codicils and Letters o 1

Administration, with the Will (or Will and Codici:

annexed, where the Wills and Codicils or the Cudicil.l
only are dated atter Dec. il, 1857.
4. If there be no attestation clause to a will presented
for probate, or if the attestation clause thereto be
insufficient, the registrars must require an affidavit from
at least one of the subscribing witnesses, if either of
them are living, to prove that the provisions of 1 Vic.,
sec. 9, and 15 and 16 Vie., c. 24, in reference to the
execution of the will, were in fact complied with ; and
such affidavit must be engrossed and form part of the
probate, so that the same may be a perfect document on
the face of it.

5. If on perusing the affidavit it appear that the
requirements of the statute were not complied with, the
registrars must refuse probate.
6. If on perusing the affidavit or affidavits setting
forth the facts of the case, it appear doubtful whether
the will has been duly executed, the registrars may re-
quire the parties to bring the matter before the judge on
motion.

7. If boti the cubscrili.ng witnesses are dead, or it
from other circumstances no affidavit can be obtained
from either of them, resort must be had to other persons
(if any) who may have been present at the execution of
the will ; but if no affidavit of any such other person can
be obtained, in order to probate, evidence on affidavit
must be procured of that fact and cf the hand writing of
the subscribing witnesses, and also of any circumstances
which may raise a presumption in favour of the due exe-
cution of the will.

8. Interlineations and alterations are invalid unitss
they txisted in the will at the time of its execution,
or if made afterwards u: lies they have been tx-,cuted
and attested in the mode required by the statute, or
unless they have been rendered valid by the re-axe-
cution of the will, or by the subsequent execution of
soma codicil thereto.

9. Where interiineations or alterations appear in the
will (unless duly executed or duly accounted for by the
mtestation clause), an affidavit or affidavits in proof of
their having existed in the will before its execution, must
be filed, except when the alterations are merely verbal or
are of but small importance, and are evidenced by the
initials of the attesting witnesses.
10. In like manner, erasures and obliterations are not
to prevail unless proved to have existed in the will at the
time of its execution, or unless the alterations there y
tflectcd in the will are duly executed and attested, or
unless they have been rendered valid by the re-execution
of the will, or by the subsequent execution of some
codicil thereto. If no satisfactory evidence is adduced as
to the time when such erasures and obliterations were
made, and the words erased or obliterated be not entirely
effaced, but can upon inspection of the paper be readily
ascertained, they must form part of the probate.
11. In every case of words having been erased which
might have been of importance, an affidavit should be
required.

12. If a will contain a reference to any deed, paper,
memorandum, or other document, of such a nature as to
raise a question whether it ought or ought not to form a
constituent part of such will, the production of such
deed, paper, memorandum, or other document should
be required, with a view to ascertain whether it be
entitled to probate ; and if not produced its non-
production should be accounted for.

13. No deed, paper, memorandum, or otherdocument
can form part of a will or codicil unless it were in exist-
ence at the time when the will or codicil wa4 executed.
14. If any vestiges of sealing wax or wafers or other
appearances are observable, leading to the inference teat
any paper, memorandum, or other document may have
been annexed or attached to the will, they should be
satisfactorily accounted for, or the production of such
paper, memorandum, or other document must be
required ; and if not produced, its non-production mutt
be accounted
15. The above rules and orders respecting wills apply
equally to codicils.
16. I❑ case of probate of a married woman's will or of
admini tration with the willof a married woman annexed
made by virtue of a power, the power under which the
will purports tohave been made must be specified in the
grant.

As to Probate of Wills Codicils, and Testamentary
Papers relating to Personalty, and dated before the
14 January, 1838.
17. It is not necessary that a will,
codiel, or testa-
mentary Paper dated before Ist Jan., 1838, should be
attested by witnesses to constitute it a valid disposition
of a testator's personal
property. Although neither
signed by the testator nor attested by witnesses, it may
nevertheless- be valid ; but in such cases the testator's
intention that it should opera'e as his will, conic 1, or
testa:a:rotary disposition mast he proved clearly by cir•
cuoistances.

13. A wfll, c )(Heil, or testamentary paper, signed by
the testator at the end of it, and attested by two clisin•
terestcd witnesses (although there be no clause olattes-
talion) is prima facie entitled to prob Ate.
19. In cases where a will, codicil, or testamentary
paper is attested by two witnesses, such witnesses are
not r quired to have been present with the testator at.
the sane time. It is sufficient if the testator sulperibed
his name or made his mark to it in the presence nf, or
produced it with his name already written or his mark
already made, to one attesting witness, and afterwards
to the otter attesting witness provided that on each
occasion be declared it to be his will or codicil, or other-
wise notified his intention that it shonid operate as such.
20. If the will, codicil, testamentary r ris signed
at the end of it by the testaterb uti eu-naatetestedand
there is nothing to show an intention that it should be
attested by witnesses,. the affidavit of two didintc-, Aed
persons to prove the signature t 3 be of the halt:".