WILLS OF SOLDIERS AND SAILORS

Dominion, Volume 9, Issue 2829, 21 July 1916, Page 5

WILLS OF SOLDIERS AND SAILORS

AN INTERESTING POINT,

An interesting point regarding soldiers' nud sailors' wills camo up for decision in tho Supremo -Couxt yeatorday, in an application .for probate in the estate of Lawrence Broadbent, in -which judgment was given by His Honouv tne Chief Justice (Sir Robert Stout). Tho will was not-' executed with! the formalities required by the Wills Act, there being no attesting -witnesses. It was contended, however, that tho will fell Within the exception made by that Act in favour of "soldiers being on actual military scrvice, or mariners and seamen being at sea," the wills of which classes of persons reqniro no formal attestation. Tho facts were that tho deceased, was an officer on ono of the Union _ Company's steamers, aud whilst his ship was in Sydney Harbour lie obtained leave rind went ashore for about six weeks, tho vessel in the meanwhile continuing her voyage. While on shore, Broadbent made tho will in question. The point at issue was whether, under these circumstances, lie could be said "to be a seaman being at sea." '• The Chief Justice referred to several uwes in which unattested wills of sailors ]iad been held valid, though not made on a vessel actually at sea. Tho strongest .ease, ho said, was that of the mute of a ship, who, whilst his ship, was "m the harbour of Buenos Aires, went ashore on leave, where ho met with a. severe fall, and died a few days later. .An unattested mil, mado by him immediately after tho accident, was admitted to probate. In another case tho will of a eailor serving on board H.M.S. Excellent, a gunneiy vessel, permanently in Porfemouth.' Harbour, was held' to be the will of a seaman "being at sea," and therefore valid. A number of soldiers' cases were slso referred to ; . His Honour could Bad no rase, however, which was authority for holding that the in the present case was valid. "There must,' His Honour observed, "be something mora Uian being a more seaman. Tho seaman, if not actually at sea, must, in -my opinion. 1)0 only on temporary leave, a3 in tho Buenos Aires oase, Hero tho severance of the seaman from his ehip was complete. Thare is do ovidsnoo fhflt remained on the articles of the ship. Another person must have shipped in his place, and he had no relation to the vessel until ho ■ rejoined her. I must, therefore, reject tho application, for probate." /