SUPREME COURT.

Auckland Star, Volume XXXV, Issue 201, 23 August 1904, Page 5

SUPREME COURT.

CIVIL SESSIONS. I (Before Mr. Justice Edwards.) A WILL DISPUTE. EDMOXDS V. EDMONDS. A w'll dispute of considerable local ■ interest was tried to-day by Mr Jus- j tice Edwards in the Auckland Supreme Court. #- The parties to the dispute were Sarah Theodore Edmonds (plaint'.iJ) and her brothers Henry Edmonds and Ernest Makepeace Edmonds (defendants), being daughter and sons of the late Henry Edmonds, owner of the gum business in Custom-street. Mr J. C. Martin was counsel for the plaintiff, and Mr Campbell for the defendants. i The plaintiff claimed that the gum business and a Graham-street residence were part of the estate of her late mother, and by her will belonged now, not to the defendants, but to the plaintiff*and her sister Alice and brother Albert. She therefore asked that the Court should ascertain if this were so. and decree accordingly. Alice Alicia Sexiou, wife of Alfred Sexton, said that at the time of her

father's death she was living at her father's house with her sisters Dora and Mary Selina, and her brothers, Henry, Frederick, Ernest, Aithur, and Albert. At the time of her mother's death Henry had left them, having married. She knew the terms of her father's will and of her mother's will. After her father's death her mother received 30/ per week from the business and the house. After the mother's death witness received for herself and her sister Dora 30/ per week from the business and the house. The other sister, Mary Selina, had mar ried and become Mrs. Graham, and soon after the mother's death Fred, went away. The others boarded with witness and her sister Dora for a year. Then Henry proposed that he should sell the house and allow the two girls 30/ a week between them, and the boys should board there. He mentioned at that time that when the whole affair was wound up there would be something like £ 1200 to divide between the thretof them. Afterwards he suggested tha. he should buy the house and come with his family and live there with them. She considered from the way Henry put it that it would be to their advantage and ssho persuaded the others to consen , to the suggestion. Henry had previously said that a friend valued the hou-e at £800, but later only £550 was men tioned. She and her sister had had no previous experience of business. They gathered at the lawyer's office togethe —Mrs. Graham, Ernest Albert, Dora. Henry, and witness—to sign over the property to Henry. The lawyers were Messrs. Jackson and Russell. Their clerk (Mr. C. F. Reid) read over a long rigmarole from a paper which she coul! not understand, and which was not ex plained to them. She concluded wa; nil right, and signed it, and persuad d Dora to sign it also. Bert, however, did not or would not understand it. Finally huving implicit confidence in Henry, she succeeded in inducing Bert to sign, ashe thought it was for their good When Bert would not sign H?nry seemed a little bit hurt, and walked up :tnd down the lawyer's office, wearing : rather anxious expression. Ultimately Bort signed. To make Bert certain thai it was all right, Henry had previors y taken him down and given him £25 which seemed to put it right for the lime. Dora took no part in the discus sion, being entirely persuaded by wit•e=s. She did not remember whethri they took any oath, hut they did not gio any other -office. She had not thr idea then what an affidavit was. She did mt know that any pro coedings were being taken in the Court at that time, nor did she know afterwards. She had no lawyer acting for her or the others in the transaction Everything was left to Henry. Subse liiently Henry and his fan ily came to live with them inGrnrmme-street,and iot two weeks she got her 5/ per week. She remained there about 15 months. When Ihe arrangement was first made they were to be treated as sisters, as they iad been before, but very soon they isalised their real position, as menials. His Honor: Like paid servants?

Witness: Yes. And, knowing that, 1 left, after a few little unpleasantnesses. . Just before her marriage in November, 1902, she received £8 10/ from Henry, who gave her to understand that this was her share of the estnte. She was given no explanation at the time, but she afterwards learned from Mrs Graham in conversation that £550 had been got for the house, and they were made to pay a mortgage on the house. The balance, after paying all the expenses connected with the winding up of the estate, gave Bert £25, herself £8 10/, and Dora £2. She did not know if the mortgage existed during her fathers time\ The gum business was being carried on by Henry, Ernest,'and Arthur. Towards the end of last year some trouble between these three brothers resulted in a court case, after -which she became suspicious that something must be wrong, and she went to Jackson and ilussell's office, and read her mother's will. From the way it read it seemed to prove that the business was nobody's. Laughter.) She concluded that the business was part of her mother's estate,, and did not really belong to the boys. She consulted Arthur, and finally went to a lawyer (Mr. Palmer). In further answers witness said when Henry and his family came to live with them they brought a servant, but witness and Dora still assisted in the work. Some unpleasantness occurred, and she finally left the house about August, 1899. Mr. Campbell: You were not on unfriendly terms, were you?— Well, not exactly. But we had had one 'or two very straight talks. I think they were disappointed in mc, as I was in them. His Honor: You agreed on an armed neutrality. His Honor added that most people would have known that such an arrangement for relatives living together would not have been satisfactory. To Mr. Campbell: Witness understood that up to her mother's death the gum business conducted by the boys belonged to her mother. At her mother's death she thought it went to the boys. She knew that except the household furniture her mother left all the property to herself, Dora, and Albert. At her mother's death she did not make inquiries about the gum business because it did not occur to her till the court case in December that the business was still part of her mother's estate. Do you really believe your mother intended to leave that business to you, Dora, and Albert? —No, I don't think she did, Mr. Campbell. Would not the fair conclusion be that she had already made it over to. the boys? No. I don't think so. What do you think?—l think she in(Proeeediag. ;

! tended to leave it to them, b«t did not do so. Have you made an arrangement what you will do about the business if you are successful in this case?— Yea. Do you mind telling us what that arrangement is?— That if we are successful we intend making the business over to the three boys, knowing that would be mother's wish. V\ as not the business, in fact, always spoken of as Henry's business?— No. Was not his name up on it?— Yes. It always had been after father's death, so long as I can remember. Your mother knew that, I suppose? -'-Of course she did.

Mr Campbell severely questioned the witness aa to her statement that she did not grasp the purport of what she and her brother Albert and sister Dora signed at the lawyer's office. His Honor said it was obvious that the parties ought to have been separately represented by counsel. "This witness," he added, "13 a very intelligent witness. There can be' no doubt about that. And I shall assume that she understood as much as an ordinary person would undertand of what an ordinary lawyer's olerk read out to her." His Honor added that there, was probably considerable difference between the way a clerk would read over a document and the way in which Mr Campbell was 00w submitting Jt to the witness.

Alfred John Edmonds, the eldest brother, who said he was in no way interested in the present slated that after bheir father's death and efore the funeral the brothers held a meeting at the gum store, and it was found that the business was insolvent. They then agreed to do away with as much expense as possible at the funeral, and walk instead of going by eaxriage. The creditors were consulted, ana they offered to wipe, off al] the debts. The brothers refused to accept such generosity, and offered to pay 5/ in the pound. Witness some time before hia father's death ceased to work at the store, and, had not since been connected with it. But he visited the store daily in connection with his carting work. The gum business, after his father's death, went to his mother, asd to his knowledge she nevor parted with it to Henry or anyone else. It was absurd to suppose she would do so, and also give his father's insurance money to square the creditors. His father's life was insured for £500. About £50 of this went in funeral expenses, and the balance of £450 was given to pay the 5/ in the pound Lo the creditors. Whether it was a<l used up in that way or not he could not say. On one occasion, speaking of the making out of the mother's will, Arthur said it did not specify clearly enough whether the business was lo ,'o to the girls or to the boys, but ilenry slid. "Don't make a fusa about that; it will be all right."