THIS DISPUTED WILL CASK

Auckland Star, Volume XXVII, Issue 155, 3 July 1896, Page 5

THIS DISPUTED WILL CASK

EDGCOMBE V.- EDGCOMBE AND

OTHERS.

At the Supreme Court yesterday, the hearicg of the action in which the will of the lata William Edgcoinbe is disputed oil bhe ground that the testator waa of unsound mind, was continued before His Honor Mr Justice Conolly and a jury of twelve.

Dr. Laishloy and Mr Battley appear for the plaintiff (Uoo. Eiigcombe, \ho testator's nephew), Mr Cooper (icutructed by Mr Burton), appears for the trustee*, and Mr Cotter and Mr McGregor for tfrace Larkworeuy, and other English beneficiaries.

Ernest'Wm. Burton, barrister and solicitor, deposed further thab the will waa signed-by the testator in- the preafence'tit1 Mrs Edfceoinbe, Mr Bollard, witness, and Mr bonaorviile, who engrossed the will. With regard to the medical coroiticato, ( witness deposed that Mr Edgcombe said thab to save any trouble to the executors it any one disputed the will, he intended getting two certificates to show that he wue capable of making one. After the will was signed it was taken by witness's clerk to the Bank of New Souch Wales and kept there. The certificate of sanity by Br. Purcbas produced in plaintiff's case, waa received by witness about the time blue the will was made. Up to the third marriage witness used to see Mr Edgcombe two or three times a month. In his opinion, the latter's mental capacity up to thab time was pretty good for an old man. There waa nothing to show that he was out of his mind.

Tho witness was blbo examined by Mr Col-tor, and eroae-oxainined by Dr. Ltviahley.

Hanry Somerville, law writer, deposed fco having been called. in by Mr Burton to witness Mr Edgcombe'a will. He was not present when the will was read over. Mr Kdgcombe signed the will, and witness atsoacod the •ignaturo, with Mr Burton. Each vi^oed in the other's presence. There wan nothing to lead witness to believe thafe Mr Edgcombe did nob know whan be waa about. Mr E<%;combe appeared quite rational. John Kollard, one of the trustees, and a defendant in this action, deposed that be had known Mr Edgcombo lor thirty-four years. Mr Edgcambe was not an educated man. He could write his name after a fashion, and keep accounts which bo one could understand. . Wifcnosa was executor under tho will of 1890. Up to the time of the last marriage Mr Edgcombe was perfectly capable of understanding a contract. In August, 1892, witness had an interview with him with regard to the will, when the latter asked him to express an opinion regarding the legacies. Witness told him ie was hardly his place to express any opinion in regard to a man making hia will. On being pressed he consented, bat declined 60 offer any opinion as to the legacies to those in England. He then ottered some suggestions, some of which Mr Edgcombo agreed to and aocue of which ha disregarded. He told deceased he thought he waa not leaving hia wife sufficient in £1,000. Mr Edgcombe said he was going to lend her £500 on* mortgage and they discussed the rate of interest. Witness told him he ought not to charge his wife any interest. Ho said he would lee her have it one por cent, bolow the current rate.

Mr Bollard, continuing his evidence this morning, deposed further that the testator told him than be had done much for Ann Cock, but she had proved ungrateful, and that be would do nothing more for her. At that interview Mr Edgeombe perfectly understood whafc he was about. About two hours afterwards ho came back again, and said that be had agreed to witness' suggestion that he should give his wife £2,000* The next time wibness saw him was wben he came to the latter's office and asked him to come down and see the will signed. Witness suggested there was no occasion for him to go, but Mr Edgeombe euid he wished him to hoar the will read. The will was read over at Mr Burton's office in the presence of witness, Mr and Mrs Edgeombe and Mr Burton, an attesting witness, coming into the room at the end. Witness distiisctly recollected Mr Edgeombe telling Mr Burton to make an alteration with regard to the dispoeal of the residue. The alteration was made in his (Mr Edgcombe's) presence, aad the will was afterwards signed and attested. Witness was quite satisfied at the time that deceased thoroughly understood it.

His Honor : With regard to that alteration, did you or Mr Burton or anyone prompt him ? Witness: No. Ha told me when he came the first time thab he intented to make the alteration.

By Mr Cooper: When the will waa signed there was something said about a medical certificate.

A» far as witness could recollect, Mr

Bdgcombe laid he waa going bo geb one in case there might bo any trouble, or something to that effect;. He. was certain the suggestion came from Mr Hdgepmbe himself. VTitaeßS saw. him very often afterwards, and saw a change in him three or four months before the accident. - He noticed bis memory, was failing, and. fcbab ha was losing bia firmness- of character. Oa the morning kfler the accident witness went to see him. He fcold witness the circumstances of the accidenb and these corresponded with what Mrs Edgcombe also told him. For the . next two or tfaiee days he appeared rigbb enough, then he went off like a men in the D..-T. 's. He told witness on one occasion there were two men in the corner who wanted to coma oub to him. Nothing of this kind, had ever been noticed by wibne»« previous bo this. Subsequently,Mr Hughes was placed in charge of MrEdgcenabe, an«i witness was appointed to manage tho estate. By Mr Cotter : Witness did nofc consider that) a certificate waa necessary when the will was being signed. Cross-examined by Dr. Laiahley: Mr Edgcombe was quite capable of managing his business between May, 1891, and August, 18S2. Bo allowed hia wife bo m&naga his affairs for him, knowing that she was a good business woman, and ho was an old man. She was to him as a clerk. Witness noticed no failing of memory, or inaptitude for business in Mr Edgcanibe from August, 1391, any more bhan one would expect in a man of hia age. , ' By Hi's Honor: .Up to the time of h« third marriage Mr Edgcomba was inclined to be intemperate. Afierwarda jwitcess never saw aim the worse for drink.

Dr. A. G. Purchae, who attended the testator frequently since 18S6, deposed tbab betwooD May and July, 1890, the latter struck him as being of excep&icnally good intelligence for7 bis station in lite. He showed a remarkably good memory ond a knowledge of hie affairs. Mr Edecomba was quite capable of conducting business. On the 12th Oesober Mr and Mrs Edgcombe came, aad the former said that he wanted to know whether witness would give him a certificate to chow that he was capable of making a will. One or otbar of them made a jocular remark thus it was singular anyone like him should want a certificate. ' Mr Edgcombe *aid he wanted it to prevent any trouble. If a stranger hid come and asked hi«a for a certificate he would have considered it iiecessary to subject him to a careful examination, but in the c&se.vf'a man whom ha bad kuown intimately for a lout; period, ho did not consider that ueeeHsary. Witness satisfied himself, from his conventions with Air Edgcomba, that there was no reat>on on this occasion why he should withhold a certificate. Ha had no doubb that (sliat certificate correctly stated Mr Edgcombe's capacity for basineaa and for making a will.- If he had any doubb, he would certainly not have given the certificate. Witness had no hesitation in saying that on October 12th Mr Edgcombe wai fully competent to make a will. On the 22nd June, 1893, aud subsequently, witness attended him in connection with the injuries sustained by Mr Edgcombe by being thrown out of a dog-curt. His head was injured and one of his elbows dislocated. Witness had no doubt that Mr Edgcombe'a mental condition was effected by the accident. Ab first he was quite sensible and reasonable, but after two or three days ho showed great excitement quite suddenly. Subsequentlybegota littlebetter bub witness was surprised at the change in his condition about a month ofterwarde. Witness considered the subsequent do velopmenbof insanity was largely causod by the accident.

(Left eibfcing.)