In the Estate of LESSES (DECEASED)

The matter in the estate of Lesses, deceased, involved an application for letters of administration with a will annexed. The deceased had prepared a will with the assistance of her brother, who read the will to her before she signed it. The central issue was whether the clause appointing an executor was valid, whether the clause should be omitted from the will, if the deceased had testamentary capacity, and whether she had knowledge and approval of the will's contents.

The court was required to determine the validity of the executor appointment clause, assess whether the clause should be omitted, establish the deceased's testamentary capacity, and confirm if she had knowledge and approval of the will's contents. The court found that the clause appointing the executor was uncertain and, therefore, ineffective. However, it was not necessary to remove the clause from the will as it did not affect the overall validity of the document. The court also concluded that the deceased had testamentary capacity and had knowledge and approval of the will's contents.

The court granted the application for letters of administration with the will annexed, stating that the clause appointing the executor was ineffective due to uncertainty but did not need to be omitted. The deceased was found to have testamentary capacity and knowledge and approval of the will's contents. The court's decision provided clarity on the administration of the estate and the validity of the will, ensuring that the deceased's wishes were carried out as intended.