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H and F shared a farm in Cornwall. They made mirror wills, each leaving his estate to the other and appointing him as sole executor.
In both wills, an alternative executor was given, namely H’s nephew Mark Parkinson of Ditching Road, Brighton. H died in 2007, and shortly afterwards, F died.
The question arose as to the correct identity of the alternative executor, as there was no Ditching Road in Brighton, although there was a Ditchling Road.
It was also claimed that the will should refer to Justin Parkinson rather than Mark.
Mr Justice Norris in the High Court said that in the description of the wills, it was clear that both H and F intended to refer to a living person known to them.
On the evidence the reference to Mark Parkinson was a misdescription of the claimant.
Probate was granted to the claimant and defendant.
