LENGTHY HEARING.

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

LENGTHY HEARING.

LEGACIES UNDER WILL

CASE BEFORE APPEAL COURT.

(By Telegraph.—Press Association.)

WELLINGTON, this day. The hearing of the case, Robert Keith Clemow, of Auckland, and others, versus the Guardian Trust and others, before the Court of Appeal, entered the fourth day to-day. The case concerns legacies totalling £950 under the will of James Joseph Burt Beale, of Auckland, which were granted appellants in the will, but not in subsequent codicils. Mr. Henry, counsel for the first-named respondents, submitted that it was clear from all the evidence that the testator was not generally insane before February, 1935. The evidence given bv the two appellants themselves showed that the testator was sane at least on one very important item, namelv, his business ability. In counsel's submission it followed that it. was impossible to find the testator generally insane if he were sane on a topic of this nature. In considering the nature and volume of the correspondence by deceased, Mr. Henry submitted that, up to February S, 1935, the whole of the letters and memoranda written by testator were rational and reasonable, in view of the magnitude of his estate and the matters of which he desired his solicitor to take full control, and also in view of the various people in whose affairs deceased was conccrned. (Proceeding.)