A DISPUTED WILL

Dominion, Volume 14, Issue 300, 13 September 1921, Page 3

A DISPUTED WILL

An action to establish a 'will waa brought in the Supreme Court yesterday by Harold Linney, of Wellington, mer--1 chant, Sidney . Edgar Pile, of Sydney, eolicitor, and Alfred Carrick, of Sydney, masseur, as executors for the late Henry Sample, formerly of Wellington, draper. The defendant was Eva May Sample, of Island Bay, who alleged that the will was executed while deceased was not of Bound mind, and that its execution v as procured by the undue influence of the plaintiff Carrick. She claimed that deceased’s true will was an earlier one in which he appointed her executrix and bequeathed the whole of his estate to her. The will which the plaintiffs sought 'to establish, on the other hand, made a fairly substantial bequest to the wife, but also made bequests to the blind soldiers of Australia, Jto the Australian Seventh Day Adventists, to Carrick, and to a number of cousins and other relatives. Carrick, it appeared, was a masseur who treated tho testator for nervous disorders. Counsel for plaintiffs contended that tho making of the later will which the plaintiffs sought to establish was due in no way to Garrick’s Influence, but to a dispute' that occurred between the defendant and the testator over money, while she held a power of attorney from him. Mr. Justice Sim heard the case. Messrs. P. S. K. Macassey and T. C. A. Hislop appeared for the plaintiffs,and Messrs. A. R. Atkinson and J. M. Dale for the defendant. The hearing was not concluded when the Court rose yesterday.