1927) ("[T]he testatrix
did not anticipate the invalidity of her gift....
The nephews and nieces of the testatrix
who are listed in Section
Sarah Dunn, a married woman, who just after the middle of the century had left detailed specifications of her clothes, also left her sister a pair of family sheets and pillow cases, laced up the middle.(74) From Sheffield, Dorothy Ridgeway left her niece her best set of Brussells linen, and Isabella Dawson left her husband's nephew all the household linen which came from Bawtry, "some of it worn out."(75) In the case of such linens this was either personally worked or chosen by the testatrix
, and so passed on to personal relatives or friends, or it had a family connotation and bequeathed accordingly.
"On the evidence of this witness, who swears that at the direction of the testatrix
she destroyed the will offered for probate, such evidence being against her own interest, I decline to receive it.
The court reviewed the facts: At the time of her death, the testatrix
was  years old and of very modest estate.
witness the testatrix
's signing of the document or her
793 (holding that the estate of a deceased husband, who had a power to appoint to himself the testatrix
's trust fund, included such fund because her husband was competent to dispose of her fund).
"In that case, of course, the lawcompels me to presume that the testatrix
herself revoked it by destruction," Judge Perkins declared.
The appellant submitted that the reasoning in Re Dale was correct and that Harper J had erred by 'suggesting that the requisite fraud could not be proved unless the testator and testatrix
had made wills disposing of their respective estates (or some portion of it) in favour of the other.' (278) In the course of the hearing of the appeal, Winneke P continually stated his agreement with Harper J on this point.
(35) The Third District stated, "[i]t is important in considering whether undue influence was exercised in the making of this will to consider the mental and physical condition of the testatrix
at the time the will was executed." (36) The court ruled that the undue influence analysis must be factually specific to the decedent and influencer and not based on a reasonable or ordinary person standard.
Secondly, I suggest that, despite considerable theoretical incoherence in the genealogy of these duties, they can be reconciled and resolved by developing the idea that they rest on the solicitor's `custodianship of the testatrix
's testamentary intentions'.
To address the above issues (but only if it meets with the intent of the testator or testatrix
), the will might include the following provision: "The expenses of administering my estate shall include all real property taxes and maintenance expenses that may accrue or be incurred prior to or during the administration of such property, including specifically devised property, pending distribution or the relinquishing of possession as a matter of law."