Honora Jenkins having a power, though covert, to make a writing in the nature of a will, ordered the will to be prepared, and went to her attorney’s office to execute it. Being asthmatical, and the office very hot, she retired to her carriage to execute the will, the witnesses attending her: after having seen the execution, they returned into the office to attest it, and the carriage was...put back to the window of the office, through which, it was sworn by a person in the carriage, the testatrix might see what passed; immediately after the attestation, the witnesses took the will to her, and one of them delivered it to her, telling her they had attested it; upon which she folded it up and put it into her pocket. The Lord Chancellor inclined very strongly to think the will well executed...[1]
Lord Chancellor Thurlow, Casson v. Dade (1781) 1 Bro.C.C. 99
The 1778 case of Honora Jenkins's last will and testament is a case in English law dealing with the witnessing of a testator's will. In this case, the testatrix, Honora Jenkins, visited her solicitors' office to sign her will, but it was later recorded how "being asthmatical and the office very hot, she retired to her carriage to execute the will",[2] which was outside the office window.[3][4]
- ^ "Will-making and coronavirus: can wills be remotely witnessed?". Lexology. 30 March 2020.
- ^ Dudley Cammett Lunt (1932). The Road to the Law. Whittlesey House. p. 227.
- ^ Dr Cathrine O. Frank (2013). Law, Literature, and the Transmission of Culture in England, 1837–1925. Ashgate Publishing, Ltd. pp. 50–. ISBN 978-1-409-47595-8.
- ^ Sawyer, Caroline; Spero, Miriam (15 May 2015). Succession, Wills and Probate. Routledge. p. 85. ISBN 9781317479697 – via Google Books.
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