DISPUTE OVER WILL

Dominion, Volume 31, Issue 242, 9 July 1938, Page 16

DISPUTE OVER WILL

Question Of Testamentary ‘ Capacity

An appeal from the decision of Mr. Ju.-li’-p Llsller in a dispute over the granting of probate of u will of the late Mrs. Mary Kemp, aged 69, who died at Auckland on May 21. 19.”>7. was allowed by Un- Court of Appeal at Wellington yer.-|orday. Appellant was William John Kemp, ri-iired builder. Dnebunga. and husband of Hvtatrix. Respondents were James Alexander Smith and M iliiani Benson Smith, farmers, Papakura, and nephews of testatrix. Mr. Justice Ostler’s judgment, was in favour of respondents, plaintiffs in the Supremo Court, who claimed that, testatrix’s will of October 12, 1934, was her last. The other side alleged that a will of April 8. 1913. was the last, deceased not being of sound mind, memory and understanding at the time of the later will.

The case was heard by the Chief Justice (Sir Michael Myers), Mr. Justice Blair. Mr. Justice Kennedy and Mr. Justice Northeroft.

Mr. F. L. G. West (Auckland) api>eare<l at the hearing for appellant, and Mr. T. E. Henry (Auckland) for respondents.