Kell v Charmer

Extrinsic evidence was admissible to explain the meaning of a jeweller's private marks used in a will to indicate sums of money, because the marks were in effect a code known to the testator.

Citation
(1856) 23 Beav 195
Court
Rolls Court
Year
1856
Subject
Wills, Succession and Probate
Topic
Revocation, construction and failure of gifts

Facts

A jeweller left gifts in his will to two of his sons of i.x.x. and o.x.x., without explaining the meaning of these symbols. The symbols were private marks used in his business to indicate prices, under which the letters stood for figures. The question was whether evidence could be admitted to explain what the marks meant.

Legal principle

Sir John Romilly MR held that evidence of the meaning of the marks was admissible, and that the gifts took effect as gifts of 100 pounds and 200 pounds. He said that evidence is admissible to explain the meaning of symbols or characters used in a will, in the same way as evidence is admissible to explain the meaning of words in a foreign language or technical terms, because the court is not altering the will, but merely translating it. The approach is now reflected in section 21 of the Administration of Justice Act 1982, which allows extrinsic evidence to be admitted to assist in the interpretation of a will in certain circumstances.

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