A LOST WILL

Press, Volume LXXI, Issue 21484, 28 May 1935, Page 9

A LOST WILL

PROBATE OF COPY GRANTED CASE IjT~SUPREME COURT > Probate of a copy of a will, the original of which could not be found, was granted by his Honour, Mr Justice Northcroft in the Supreme Court yesterday. The will concerned was that of William Houston McLean, who died on November 13, 1934. The'plaintiffs were the executor of the estate, Richard Maddren, accountant of Christchurch, and the executrix the widow, who were represented by Mr A. C. Perry, and the defendants were the widow and Donald McLean, infant son of the testator, who was represented by Mr L. W. Gee. The case was heard by his Honour, Mr Justice Johnston, last year, when an application for probate of the copy of the will was made in common form, but his Honour thought "the estate (£10,000) was too large to-be dealt with on that application, and expressed an opinion that application should be made in a solemn manner. Mr Perry said the testator made his will on May 14, 1930. He was given the original, and a true copy was made and kept in the office of Lis solicitors. It was this copy of which probate was asked.

The testator committed suicide in November of last year, Mr Perry said, and then the original will could not be found. About a fortnight before his death, the testator had consulted his solicitors saying that he wished to make a new will with the same dispositions, but appointing his brother as an additional executor. This was because testator had acquired an interest hi a farm, and he thought that his brother, who was a farmer, would be a suitable executor. The testator had been told that the simplest way to make his brother an executor was to make a codicil, but the testator had wished for a new" will. The testator committed suicide on November 13, 1934. Numerous enquiries had been made for another will, but there was no evidence that the testator had ever intended to make one.

Roydon Pressy Granger, managing clerk for Wilding and Acland, solicitors for the testator, said the testator had qiven no indication whatever that he wished to die intestate.

Mr Gee said he had nothing to say in opposition to the application. He had been able to discover nothing which indicated that the testator had ever contemplated any other scheme of distribution of his goods than the one followed in the copy. The application was granted.