SPINSTER'S WILL.

Auckland Star, Volume LXVII, Issue 237, 6 October 1936, Page 8

SPINSTER'S WILL.

ESTATE OF £60,000. UNDERSTANDING QUESTIONED SENILE DEMENTIA 7 (By Telegraph.—Press Association.) CHRISTCHURCH, this day. | The hearing of an application to have probate of a will allegedly made by the late Elizabeth Smith, spinster, revoked and the will declared null and void was continued before Mr. Justice Northcroft in' the Supreme Court to-day. The will was sworn for purposes of probate at £77,000, but at the time it was drawn up the estate was estimated at between £50,000 and £00,000. Plaintiffs were Olive Judge and Ivy Cookson, both of Christchurcli, and defendant was the Guardian Trust and Executors' Company of New Zealand, Ltd. It was claimed by plaintiffs that at the time the alleged will, dated June 8, 1034, was purported to have been executed, Elizabeth Smith was not of sound mind, memory and understanding. O.i June 8, 1934, the statement continued, Elizabeth Smith was aged 80 years or thereabouts, and remained until the day of her death suffering from senile dementia. With the exception of an admission that probate of the ,will was granted to the defendant company on July 19, 1935, the statement of defence was a general denial of the allegations made in the statement of claim. It was agreed that the caiso for the defence should be taken first, Mr. H. F. O'Leary, Iv.C., contending that the onus was .on the defending company to uphold the will.

Transfer of Shares. Mr. Haslam, f'or the defendant company, 6aid that at the beginning of 1933, the Guardian Trust Company manager became concerned because he found that Miss Smith had been approached by representatives of the Investment Executive Trust and had transferred to them shares in the South British Insurance Company and the New Zealand Insurance Company. Later she transferred further shares to representatives of the same company. Later the manager of the Guardian Trust found that Miss Smith had been investing in gold mining -companies, a flax company and a tobacco company, Mr. Haslam continued. and lie had approached the relatives with a view to obtaining an order under the Aged and Infirm Persons Act, but they would not agree to do so. Finally "the Guardian Trust and Executors Company had sought and obtained an order under the Act.

For a number of years Miss Smith had been very careful in financial matters, and it was freely admitted she had been going round the streets picking up small pieces of wood and fruit which fell from stalls. This was probably eccentricity and was no evidence of incapacity, Mr. Haslam added. "Knew What She Was Doing." Evidence was given by Charles S. Thomas, barrister and solicitor, of conversations with Miss Smith about taking out a protection order, the purchase and sale of shares, and the drawing of her will. He was fully satisfied that she knew what she was doing and knew the full purport of the will she executed. Other evidence was given by Claude Wilkins, law clerk, about conversations when the will was being prepared and when it was signed. The Rev. Frederick Norman Taylor, vicar of St. Luke's, said that Miss Smith had lived in parsimonious fashion and dressed poorly. Her mental condition always seemed to him normal and her memory good. Duncan McKenzie, detective, said he questioned Miss Smith about a man who had obtained money from her for shares and who subsequently was charged in Court with obtaining £125 from her l>y falso pretences. Miss Smith's statement and evidence in Court had been clearly and coherently given. Doctor's. Evidence.

I In evidence this morning Dr. Baxter said that he met Miss Smith in the ofiiee of the South British Insurance Company in November, 1933. He had been informed previously that Miss Smith had changed several of her investments, and that she had been approached by share salesmen and appeared to be rather carried away by them. He had a conversation with Miss Smith, and after an interview said he was not satisfied with her mental condition. For the purposes of further observation he drove her home. Partlv as the result of his conversa-! tion with Miss Smith and partly as a result of what he had been told she was doing with her estate, he formed the opinion that she was an easy prey for enterprising share salesmen, and he wrote a repori to that effect. Mi, Barrowclough: What did she say in regard to these salesmen?— She regiettcd yielding to their pers'iasions, | but I thought it probable sbe would not be able to resist them if they came back again. (Proceciing.)