THIS DISPUTED WILL CASE.

Auckland Star, Volume XXVII, Issue 156, 4 July 1896, Page 2

THIS DISPUTED WILL CASE.

BDGCOiVIBB V. BDGGOMBE AND OTHERS.

The action brought by Georgo Edgcombo to upset the will of, the Jako William Edgcombe was continued at the Supremo Court yesterday before His Henor Mr Justice Conolly and a jury of twelve. Ab the conclusion of Dr, Furchas's evidence, Mr McGregor addressed the jury on behalf of Grace Lark worthy and bha other English beneficiaries for whom ho and Mr Cobter are appearing. Ho said ho proposed to call throe medical men, who would speak as to Mr Edgcpmbe's mental condition. Dr. Henry Walker, who had known Mr Edgcombe for about 12 years, deposed thab the labfcer's mental condition was first rato till up bo the time of the accidaut; He considered the tbstafor was thoroughly capable of making a will in-August, 1892. Mr EdfTcombe'a subsequent), lunacy was due principally to the accident, bub aleo partly, to old age. Dr. KinK.deposed thab he. held, a power of attorney from Grace Larkworbhy.'ono of t.tae defendants, bub had no interest; personally in the case. He had-known Mr Edgcombo for aboub 20 years, and considered bim quite capable of managing his own affairs in August, 1892. If he had been asked to give a certificate, he would have thoroughly endorsed Dr, Purchas*. . : 'Dr. Girdler, who. was a fellow passenger of Mr Edgcombe'a from England in 1885, and had bad frequent ■conversations with him since, gave corroborative evidence as to the tatter's mental capacity in 18*92.

The Court than adjourned bill the follow* ing morning. ....

This morning, William Hurst Martin, farmer and cattle dealer, who used to bo hi) adjoining neighbour, of Mr Edgcombe, eaid he considered tho testator was capable of doing his own buaiaoau up to the time of the accident. Aftor the accident, witness saw him repeatedly, and found him remarkably changed. He had becomo quite childish, and uted to wander in hie conversation.

By Mr Babtley ; Witness denied having bold bit Bafetley about a fortnight ago thai ho (witness) had been called over frequently ab nighb time previous to the third marriage on account of Mr Edgcombe's dolußiom. Jennie McCollum, residing at Northcote, deposed to having lived at Mount Edgcombe from June, 1892, to November, 1893. She was a niece of Mrs Edgcombe. During the whole of that period, witness was Mr Edgcombo's con. »b»nt companion, along with his wife. Previous to the, will being msda in August), 1892, Mr Edgcombo told witness and Mrs Bclgcotnbe in the house whom he was going to remember in hfs will and whom be was going to leave out. He said he wouM never leave Geo. Edgcombe any of his money; aleo, tbab Ann Cook and Harry Jones, whom' ho bad brought oub from England, bad acted co ungratefully thab be would nevor leave them a penny of his money. At this time he had a very good memory. Witness accompanied Mr and Mrs Edgcombe to Mr Burton's office when the frill was signed, bub she remaiaed outside in the trap. They all returned home together. Mr Edgcombe seemed to be jußb the lame as usual, which was very bright in the morning. In the trap he eairi he had settled his affairs co that bhab scoundrel George could nob touch any,th.»ng, He had a drink ab tho Arch Hill Hotel on the wuy borne. Drink always oxoited him very much. Witness gave instances of Mr Erlgco'nibe's keen business capacity ab this period, and naul nho always looked apon him, up bill tho occidenb, as sane an any other 'man of his ago, For a man of bis age, be was very bright. After the nccldmt witness noticed a very great change In him. He then had dclueions such 'as that bis wife was trying to poison him. By Dr. Laishtey: Witness was not on good terms, with Mrs Edgcombe. By His Honor: -Witness'bad seen him only once much excited by drink ; thab was on the way home after the will had beon signed. She had seen him at other times excited to n email degree.

John Robert Martin, son of Won. Hurst Martin, residing at Mount Albert, gave' evidence to tho effect that Mr Edgcombe'ti mental condition was all righb up to the time of the accident, ■■■'.. *

This cloßed the case for defendants.

His Honor said the Court would now adjourn till Monday morning. On Monday Mr Cooper would address the jury first, then Mr Cotter and then Dr. Laiehley. There would be only one question for the jury to consider, whether Mr Edgcomba was of sound or unsound mind on the 22nd oi August, 1892, the date when the will waa made. .