DISPUTE OVER WILLS

Dominion, Volume 24, Issue 291, 4 September 1931, Page 7

DISPUTE OVER WILLS

Alteration by Testator REMARKS OF JUSTICE By Telegraph—Press Association. Christchurch, September 3. The hearing has/ been concluded of an interesting case concerning the will of Charles John Derry, a retired railway servant. Under a will made by Derry on AugI ust 25, 1925, his property, now valued at £4OOO, was equally divided between 1 two daughters, Annie Derr f, of Christ--1 church, and Edith Galloway, married, of 1 Dunedin. In a will made on January 24, 1929, a legacy of £5OO was left to Edith Galloway, and the balance of the estate to Annie Derry. The second will was disputed by Edith Galloway, who claimed that when it was madeV the testajpr was not in full possession of his faculties. His Honour Mr. Justice Adams gave judgment upholding the will of August, 1928, and nullifying that of January, 1929. “I am satisfied that the testator was capable of disposing of his property in the first instance,” he said, “but h? was no longer capable in 1929. I will not have to pursue the point of undue pressure and perhaps it is just as well.”