Barndon v Chelvanayagam

The dispute involved Barndon, a beneficiary under a will, who sought to have six wills and five codicils proven in solemn form. The deceased had executed five codicils to their fourth will, which was revoked, and the deceased subsequently executed a fifth will. The fifth will was later revoked by a sixth will, which was not proved. The counterclaim involved the nature of the estate interest in partnership assets, including land, and the severance of joint tenancies. The court was required to determine the validity of the codicils, the effect of the revocation of intervening wills, and the abandonment of the counterclaim to prove the later will.

The court considered the nature of the estate interest in the partnership assets, including land, and whether the codicils were valid. The court found that the codicils were invalid as they were informal. The court also considered the effect of the revocation of intervening wills and the abandonment of the counterclaim to prove the later will. The court found that the revocation of intervening wills did not affect the validity of the codicils. The court also found that the abandonment of the counterclaim to prove the later will did not affect the validity of the codicils.

The court held that the codicils were invalid, and the counterclaim to prove the later will was abandoned. The court found that the estate interest in the partnership assets, including land, was a joint tenancy, which was severed by the codicils. The court ordered that the estate be distributed according to the terms of the sixth will. The court also ordered that the partnership assets, including land, be distributed according to the terms of the sixth will.