HUNTER WILL CASE.

Auckland Star, Volume LXII, Issue 243, 14 October 1931, Page 3

HUNTER WILL CASE.

ADJOURNED INDEFINITELY.

REMAEK BY CHIEF JUSTICE

MAY CALL OX COUNSEL LATER.

(By Telegraph.—Press Association.)

WELLINGTON, this da^

The hearing of the appeal of Cyril Paul Hunter and Thomas Percy Hunter, trustees of the estate of the late Sir George Hunter, against the judgment of Mr. Justice Reed, delivered last April in the Hunter will case, was to-day adjourned by the Court indefinitely, the Chief Justice remarking that if they thought it necessary to hear the respondents further they would call on Mr. Watson at a later date-

Lady Hunter is the respondent. On the Bench were the Chief Justice, Sir Michael Myers, Mr. Justice Adams and Mr. Justice Smith.

In his final submissions, Mr. Cornish, for the trustees, contended that the codicils of April, 1930, confirmed and established the willl of November, 1929, independently of the capacity or incapacity of the testator in November. In addition, the June codicil republished both the November will and the intermediate codicils. There was uncontradicted evidence that in June, at least, Sir George had recovered the full possession of his faculties.

At the conclusion of Mr. Cornish's address the Court informed Mr. Watson, counsel for respondent, that it did not at that stage wish to hear him generally on the case, but merely in answer to the last submissions made bv Mr. Cornish.

Mr. Watson submitted the onus of proof was on the appellants to establish that Sir George had testamentary capacity when the April codicil was made. He contended there was no evidence whatsoever, other than that of the witness Dunn, that was directed to the days of April. As to the evidence of Dunn, two observations might be made. First, that there was the direct finding of the trial Judge as to its lack of value, and, secondly, Dunn took an advantage under the will of November, 1929.

There was the definite finding of the fact in the judgment of the Court below that the apoplexy was a severe one. That being so, all the medical evidence was in agreement that with severe apoplexy there was destruction of brain matter which could never be repaired. Hence rjiere could not have been any improvement in the condition of Sir George's mind from the time of the stroke onward.