SPINSTER'S WILL.

Auckland Star, Volume LXVII, Issue 238, 7 October 1936, Page 8

SPINSTER'S WILL.

MENTALITY QUESTION. INVESTMENTS IN COMPANIES. NIECES BRING ACTION.. (By Telegraph.—Press Association.) CHRISTCHURCH, this day. The hearing of the application, to have probate of a will made by the late Elizabeth Smith, spinster, revoked and the will declared null and void was continued before Mi*. Justice Nortlicroft 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 are Olive Judge and Ivy Cookson ; both of Christehureli, who are nieces of the testatrix, and defendant is the Guardian Trust and Executors Company of New Zealand.

Percy Harold Harris, manager in Christ.church, for the South British Insurance Company and the Guardian Trust and Executors Company, said that in 1933 lie learned that Miss Smith was disposing of South British Insurance shares to the Investment Executive Trust. He saw 'her about it. She agreed to «ive the Guardian Trust power of attorney to administer her affairs. She also agreed to see Mr. C. S. Thomas, solicitor, with the object of taking action to recover the shares. Witness learned that Miss Smith had been selling Investment Trust debentures and buying mining and llax shares, also shares in Publications, Limited. "Financial Atrocities." j Action for recovery of the shares was not launched, said witness, because Miss Smith, after leaving Mr. Thomas' office, was prevailed upon by a share salesman to stop the action. She accepted dividends from debentures in the Investment Trust and also bought new debentures. The head office then suggested that Miss Smith be brought under the Aged and Infirm Persons Act "to check hei* financial atrocities." Witness described interviews with Miss Smith concerning her will. Mr. H. F. O'Leary, K.C., for the (applicants: What would be the commission for the Guardian Trust in administering the estate? Witness: The rate is 2J per cent on revenue, 1 per cent on capital.' Under this will there is a perpetual trust which, so far as we can see, the Guardian Trust will administer for evermore?— Yes. ' This will mean a very substantial benefit to your company?— Quite. Mr. O'Leary read . extracts from letters written by witness ,ro his head office. The extracts were:—July, 1933. —She is getting senile and it is pitiable that there is no one to care for her. July 18.—The old girl is getting just a little bit cunning and has not been quite frank regarding her affairs. July 29.—Recently she has been making some foolish contracts behind our backs and Mr. Thomas is of opinion that she is incapable of instructing him. August 3. —Her transaction? of late behind our back make us convinced that she must be classed as an infirm person. There is every hope "tof it being proved that Miss Smith is not capable of looking after her own affairs. "I Will Keep Calm." August 25.—The way I should care to express myself would perhaps be unprintable, so I will keep calm. The old girl has absolutely dug her toes in, and how 'we are going to get her out of the mess she has placed herselfin I do not know. I spoke to Mosley yesterday afternoon, after the Court case, and, although I could not draw anything definite from him, there is no doubt the old girl convinced him she is not safe to be left on the high road. January IS, 1934.—1' am more than ever convinced the old lady is irresponsible. March 10.—I will now make an effort to get Miss Smith in a proper state of mind for the making of a will. I propose to give this early attention and, provided she will come up to scratch, to get Baxter to witness her signature. Mr. O'Leary asked further questions about the will and said: At the time this will was made did you know Miss Smith was in the habit of overhauling garbage tins. Witness: Yes. . Mr. O'Leary: Did you know she was in the habit of sitting in train shelters until at night to avoid using electric light in her home ? Witness: I had heard it. In another letter witness had written that the matter of getting the will signed was urgent. Concerning this Mr. O'Learv said: ''Why were you so interested *in the matter? What did it matter to you whether she died intestate or not, or did you think that if the Guardian Trust did not get the estate, the Public Trust would? Witness: Yes, that was the point. Giving evidence this morning. Henry James Biggins, accountant for the Standard Insurance Company, said he had seen Miss Smith, who held £12.000 worth of. shares in the Standard Company, rummaging at night in city rubbish tins. (Proceeding.)