A WILL CASE.

Auckland Star, Volume LV, Issue 211, 5 September 1924, Page 7

A WILL CASE.

OLD LADY'S TESTAMENT.

QUESTION OF CAPACITY. CASE FOR PLAINTIFFS CONTINUED. Further evidence was heard in the Supreme Court to-day in the case commenced on Wednesday concerning the will of the late Mrs. Martha Ann Barker, late of Pah Farm, Hrllsboro', questions of testamentary capacity and undue influence being involved. , Plaintiffs in the action, for whom Messrs. Meredith and Hubble appeared, were Wm. Thomas Barker, and George Barker, farmers, of Cnehunga, and Thomas Barker, also a farmer, of Ohiueivai, sons of the testatrix. Defendants were Alice Ann Long (Mr. Luxfordi. widow, of Auckland, and Andrew Hanna (Mr. Beckerleg), solicitor, of Auckland. Plaintiffs alleged that at the time of making the will the testatrix was not of sound mind, memory and understanding, »_nd that undue influence was brought to bear on her by her daugher. defendant, Alice Ann Long. They alleged that she was in a state of physical and mental decay, owing to extreme age, and therefore was incapable of making a will, and also that she suffered from delusions regarding the plaintiffs, William and Thomas Barker. They therefore claimed an order from the Court, pronouncing against the will, made on July 2:5, 1919, and that an order be made that the probate thereof be recalled and can- ; celled.

Evidence was given by Thomas Barker concerning the building up of the farm business, and Mr. Justice Herdman said that this went to show that there was a working arrangement between fiie three sons and the mother.

To Mr. Luxford: The sons never considered testatrix as a member of the partnership.

William Thomas Barker, another of the sons, stated that on only one occasion did he see his mother alone, after she had gone to live with the daughter, Mrs. Long. The last-named left the room for a moment, and testatrix immediately said: "Bill, when are you coming for mc?" Witness knew that his mother had wanted to be taken out of the house, 'back to her old home on the farm. Evidence by the Sons. Evidence as to domestic relationship was given by William Barker under cross-examination by Mr. Luxford. Witness had objected to Mrs. Long's children coming to the farm. Testatrix was always different after their visits. For a long time, before she went to the hospital, testatrix was wandering mentally. Witness had heard testatrix talk about mice and little dogs. She never discussed the business, nor the management of the place, nor the finances. Witness remembered when his sister, Amy Barker, told him about the contents of the previous will. "We always considered that the property belonged to the three boys," he said. "It was her home while she was alive; nothing could be done with it till she died. She always said that when she .died it would go to the ones ..who worked it. We considered it our property, because she was going to bleave a will in our favour. The matter was never mentioned to her at any time by my brothers or myself. I thought I would leave it go, as she was getting old. My mother had no affection for Mrs. Long, so far as I am aware. She did not like Mrs. Long. I say Mrs. Long had no right to take her from her sons without notifying them. The sons paid the hospital bills and motor cars and looked after her, and then Mrs. Long took her away. If you call that justice, I don't! If 'Mrs. Long hadTgone the right way about it there would have been no objections. I know .the doctiTr did not want my mother to go back to the Pah Farm, because he considered the room was too damp. I was going to take her back—l was entitled to take her where I liked. She tried to "et'away from the hospital once. She fell out of a good high window. Oh! she was coming home! I did not see my mother for four years before her death."

Re-examined by Mr. Meredith: Charlie, the baby o.f tho" family, had worked on the farm for 12/ per day. He never contributed anything towards the purchase of the property. After testatrix had been taken to Mrs. Long's house, the three boys paid Mrs. Long £3 per week for the old lady's keep. This was paid till she died. George Barker, third son of the testatrix, said he started working in the business when he was nine years of age. He always got on well with his mother. He was now 40 years of age. (The case is proceeding.)