Carew v Carew & Another (1 of 1934) [1934] SLCA 1 (10 October 1934)

Evidence - burden of proof - standard of proof- proof in solemn form
- lost will may be proved by parol evidence only - court to be satisfied
beyond reasonable doubt of existence, execution and contents: A lost
will may be proved by parol evidence only, but such evidence must
satisfy the court beyond all reasonable doubt of the existence of the will,
of its due execution and of its contents; and where the evidence is
limited to that of one witness who has not seen the will for seven years,
whose memory of its contents is incomplete and who failed in his obvious
duty as alleged executor to obtain probate of the will, it is insufficient to
establish the will.

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