WILL QUESTIONED.

Auckland Star, Volume LXVI, Issue 223, 20 September 1935, Page 9

WILL QUESTIONED.

DEATH-BED BEQUESTS.

MENTAL CAPACITY DISPUTED.

HUSBAND OPPOSES PROBATE

The proceedings to determine the mental capacity of a women who made licr will at the public hospital on September 22, 1034, and died two days later were continued at the Supremo Court to-day before Mr. Justice Callan. Application was made to the Court by Marguerite Primrose Mills (Mr. Inder) for solemn proof the will of Mary Grace Newell. The granting of probate was opposed by Emanuel David Newell, husband of the testatrix (Mr. Singer), on the ground of lack of testimcntary capacity of Mrs. Newell. It was alleged that, following an operation in the hospital, she was in a state of recurring delirium. It was further alleged that undue influence had been brought to bear on testatrix. Objection to the will was also expressed by Mr. Wallace as guardian ad litem for Edith Cavell Transom, adopted daughter of the deceased. Lance Transom, Frederick Scobio and Emily Emma Meikle were also named as defendants.

Evidence was given by the _ plaintiff that she had written out the will at the hospital. The day before at her home she had made out an outline of a will, leaving blanks to be filled in. This she did at the bedside at the patient's dictation. A diamond ring was left to plaintiff. The latter admitted that it would appear from the difference in the inks as if this bequest and that to her mother, Mrs. Meikle, was part of what was written at home. However, that was not the case, the explanation being that blotting paper was used. Doctors Give Evidence. Evidence was given by Dr. John Dreadon, who had been Mrs. Newell 6 medical adviser, and Dr. E. S. Jamieson, resident medical oflicer at the Auckland Hospital, that they did not think deceased was able to appreciate properly the disposal of her estate when she made her will at tlio hospital. Dr. T. B. Short, specialist in nervous diseases, agreed with the two previous witnesses. E. W. Newell, husband of the deceased, stated that in 1019 he and his wife adopted as their daughter Edith Transom. The latter was at Taneatua when his wife died. When lie called to see his wife at the hospital she appeared to be rambling and said something about her adopted daughter running about the ward and asked that she be removed.

When he was about to leave the hospital liis wife sakl, "Do be careful about the silver. They are trying to take it out of the house." Witness added that he first heard of the will when it was read after the funeral. (Proceeding.)