THE McMECKAN WILL CASE.

Auckland Star, Volume XXIII, Issue 69, 22 March 1892, Page 5

THE McMECKAN WILL CASE.

An application was recently made- to the Full Courb, ab Melbourne, for a new trial of the McMockan will case. The matter was heard before Mr Justice Williams, Mr Justice A'Becketb and Mr Justice Hodges, and the decision of the Court was delivered by Mr- Justice Williams.

The suit was brought by John Jackson Addison McMeckan, a nephew of Captain Hugh AlcMeckan, deceased, who died on the 23rd of May, 1890. By the will in dis:pute the testator left the plaintiff about £1,000, whilst some £35,000 went to Miss Grace Mackie and her brothers and sistors. The result of the trial was that the testator was found to be of unsound mind, and incapable of making a will, though an allegation of undue influence by Miss Grace Mackie wae disproved. Subsequently the Chief Justice, before whom the case was tried, rovoked probate of the disputed will.

His Honor in giving judgment that the jury found in favour of the plaintiff upon the issues (1) that the testator was not of sound mind and capable of executing a testamontary document prior to and at the time of executing the will dated the Ist day of June, and (2) That he was not of sound mind and testamentary capacity when he cancelled the will of the 24th of February, IS7O, and the codicils thereto dated respectively, 25th of October, 1875, and 19th of February, 1877. Upon, these findings the learned Chief Justice before whom the action was tried ordered judgment to bo entered tor the plaintiff, and the defendants now applied to order the findings to be set aside, and to grant a new trial upon the grounds that tho findings wore against evidence and the weight of evidence.

The full Court sustained the verdict of the jury, and dismissed the motion for a new trial with costs.