PROBATE GRANTED

Dominion, Volume 23, Issue 51, 23 November 1929, Page 15

PROBATE GRANTED

“SUFFICIENT TESTAMENTARY CAPACITY.” The judgment of Mr. Justice Blair in regard to probate of the will of the late Mrs. Katherine Clayton, of Wellington, was delivered in the Supreme Court yesterday. Application for probate had been made by the Guardian Trust Executors Agency Company, this being opposed by Harry Clayton, a nephew of the deceased, and by Mrs. S. J. I’arratt, both of whom were beneficiaries under a prior will, the grounds of the opposition being lack of testamentary capacity. In her last will, the testatrix made several alterations in regard to the disposition of her property and left half of her estate to the children of a brother in England, and the rest to a relative of her late husband, resident in New Zealand. Evidence was given concerning deceased’s mental condition by her medical attendant. friends of the family, neighbours, and the witnesses to the will. His Honour reviewed the evidence at length, and said that the evidence satisfied him that at the time of making the will, the old lady was of sufficient testamentary capacity. He considered that the propounders of (he will had discharged the onus upon them of proving testamentary capacity. The rule nisi obtained in their favour was made absolute, and the caveat against the will was ordered to be withdrawn. Mr. C. W. Neilsen appeared for the Guardian Trust Executors Agency Company. Mr. F. W. Oilgley represented Harry Clayton and Mr. D. W. Virtue appeared for Mrs. I’arratt.