DEATH-BED WILL.

Auckland Star, Volume LXVI, Issue 224, 21 September 1935, Page 13

DEATH-BED WILL.

RULED INVALID BY COURT. HUSBAND'S OBJECTION UPHELD. Judgment that the will of Mrs. May Grace Newell, made at the public hospital two days before her death in September last year, could not be held as valid was given by Mr. Justice C'allan at the Supreme Court yesterday afternoon. An application for solemn proof of the will was made by Marguerite Primrose Mills (Mr. Inner) 5 the application being opposed by the testatrix's husband, Emanuel David Newell (Mr. Singer), who claimed that his wife was not of sound mental capacity when the will was made.

In pronouncing against the will his Honor said that the Court had to be satisfied that the will was that 1 of the testatrix, but there was a combination of circumstances which prevented that. There was the fact that the plaintiff was the only person to give evidence to prove testamentary capacity and it was in lier mind that the idea originated that the will ought to be made. His Honor said that lie found it difficult to accept the explanation of the plaintiff about the insertion of words in the will and that was a serious matter. The general effect of the medical evidence was that while at hospital Mrs. Newell's mind was frequently wandering and irrational. It was impossible for the will to succeed, but there was no ground for the suggestion that Mrs. Mills obtruded herself into the matters for any personal reason or with any desire to benefit herself out of the estate.

The proper course, concluded his Honor, would be for Mr. Singer's client to make application for letters of administration in the ordinary way. He would allow £03 costs to the defendant Newell and £42 to Mrs. Transom, with witnesses' expenses and disbursements.