PROBATE OPPOSED.

Auckland Star, Volume LXVIII, Issue 146, 22 June 1937, Page 9

PROBATE OPPOSED.

SON DISINHERITED.

MOTHER'S THIRD WILL.

NURSE'S EVIDENCE.

A denial that lie had "bullied" his mother and that she had turned away from him at any time was given bv Thomas Wetherilt, the defendant in the action being heard before Mr. Justice Reed in the Supreme Court, in which two sons are contesting a will made by the mother. The action was begun on Monday of last week.

The testatrix, Mrs. Louisa Wetherilt, aged 86, died on December 29, 1933, and in a will made on September 0 of the same year she left the whole of her estate, valued at about £2800, to the younger of her two sons, Albert Edward, who is now seeking probate of the will. Ihe application is opposed by Thomas Wetherrlt, the elder son, on the grounds! that his mother was not of testamentary capacity at the time she made the will, and also that undue influence was used. Mr. V. R. Meredith and Mr. F. McCarthy appear for the plaintiff, and Air. A. H. Johnstone, K.C., and Mr. J. N. Wilson for the defendant.

Thomas Wetherilt, the defendant, went into the witness box on Fridav and his evidence-in-chief and crossexamination concluded just before the luncheon adjournment yesterday. He stated that all he had received from the estate was £50, which his mother had given hi in shortly after liis father's death in 1927, and, so far from receiving any gifts from his mother, he had given her money on occasions. While she was living he was not concerned with the estate; all he desired was that she should be happy and it was in her own interests that* he had taken proceedings for a protection order under the Aged and Infirm Persons Act. The reason he had not attacked the will before her death was because he did not wish to disturb his mother, whose health was failing. Nurse Mary Kelsall, in whose convalescent home at Epsom Mrs. Wetherilt was from August 2(i to September 2, 1932, said Mrs. Wetherilt, needed considerable personal attention. Her memory was very poor. Ellen Drummond Wetherilt, wife of the defendant, said she noticed a big change in the testatrix when the latter came to stay with witness in 1932. Witness had known her about 20 years, and up till 1932 she had been a capable ami active woman. However, when she came to stay with witness she was ill, and her memory was badly impaired. From that time till her death her mind was wandering. Collapse of Witness. Mrs. Jessie C. Braid wood 1 said she at one time lived next door to the testatrix and knew her well. They had played cards together prior to 1928, but in 1932 witness noticed a big change in Mrs. Wetheriit. After her illness "that year Mrs. Wetherilt lost her memory. Ijnder cross-examination the witness, a woman of over 70 years, collated and had to be assisted from the Court. Mr. Meredith intimated he did not intend to ask fui ther questions of the witness. Miss Betty Eyre, another neighbour, said she frequently saw Mrs. Wetherilt, who was a very active woman prior to going into hospital. On her return home witness noticed a big change in the testatrix. She then looked very old. Kalph Pybus, in evidence, said that! about three years before her death he noticed Mrs. Wetherilt had become "childish." Prior to that she had been i a woman of more than average intelligence. ! Thomas Edward Price, a tradesman, J said Mrs. Wetherilt had been one of his I customers for many years, and had always been prompt in her payments till 1932, when the payments became irregular. He noticed a big change in her three to four years before her death. On one occasion, in 193.5, when he spoke-to her on a bowling green, she did not know him. Further evidence is being called.