Wakilii

In Re - of the Estate of Horald Rayond Shuttleworth (Probate and Administration Cause No. 170 of 1942)

East African Court of Appeal · [1943] EACA 82 · 1943 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for grant of probate where testator presumed dead
Decision
Probate granted on certification of presumed death

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The Court granted probate where the Air Ministry certified that the testator, previously reported missing, had been officially presumed dead and exhaustive enquiries had been made without result. The Court followed English authority permitting grants of probate on certification by military authorities that a missing serviceman may be considered dead.

Outcome

Probate granted on certification of presumed death

Facts

Harold Raymond Shuttleworth was reported missing. The Air Ministry certified that he had been officially presumed dead. Exhaustive enquiries concerning him had been made without result. An application was made for a grant of probate of his will.

Issues

  1. Whether probate may be granted where the testator has been officially presumed dead by the Air Ministry following exhaustive enquiries.

Orders

  • Grant of probate made.

Rules and key headnotes

Probate — Presumption of Death — Grant on Military Authority Certification
Where the military authorities certify that a serviceman previously reported missing has been officially presumed dead and exhaustive enquiries have been made without result, the Court may grant probate without requiring a formal order declaring death.

Cases cited (1)

  • In Re Estate of Hon William Alfred Morton Eden (1916) 32 TLR 534

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

In Re - of the Estate of Horald Rayond Shuttleworth (Probate and Administration Cause No. 170 of 1942) [1943] EACA 82 (1 January 1943)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.