STRANGE WILL CASE.

Evening Post, Volume LXXIX, Issue 29, 4 February 1910, Page 8

STRANGE WILL CASE.

"MATERIAL FOR A NOVEL." AN INTERESTING LAW-SUIT. The case which Messrs. Stafford (for the Public Trustee) and the children and next of kin of Richard Tuckwell (deceased), brought befoie Mr. JusticeCooper, sitting in banco to-day, presented such remarkable features that his Honour was moved to remark: "This appears to me to be another Tichborne case. It certainly contains excellent material for a novel." The case was last referred to, but thon briefly, in August last, when Mr. Justice Cooper had before him a petition for direction lodged by the Public Trustee in re the will of George Tuckwell. Mr. Bunny then appeared for the brothers and sisters of Tuckwell. It appeared that Tuckwell went lo Australia fifteen years ago, and had not been heard -of since. The judge on that occasion ordered that advertisements be inserted in the chief papers circulating in the principal cities of Australia, in order that the Public Trustee might be separately represented in the court when the matter was argued. The advertisements have been nublished, as directed by his Honour, and to-day ho declared that George Tuckwell was dead, and that he died intestate, that he was never married, and that consequently there was no issue. The facts of the case, as Bet out in the affidavits and other documents, and from his Honour's remarks, are certainly curious : Richard Tuckwell was a farmer at Karori in early days, and made a fair competency. -When he made his will he provided for hißk wife, who predeceased him, and for his children. After this the balance of his estate \va« to be distributed among the children on the coming of age of the youngest of them. Now George Tuckwell, the eldest boy, went away to Australia,- and while he was away his father died, in 1882. He came over to Wellington afterwards to learn of his interest in the will, and it was in 1882 that he was last seen in Wellington. He was then unmarried. After his departure for Australia a second time, Tnckwell corresponded with I his relatives here with some regularity, and letters were received from him up to 1885. Then they suddenly ceased coming. From 1885 up to now no letters had been received from him by his relatives in New Zealand or elsewhere — and he had brothers in Australia. The last person who apparently saw George Tuckwell alive was his brother Archer, and that was in Sydney. Enquiries made subsequently showed jthat George had shared lodging with another man in Sydney, and there was at his lodgings a box of his. This was in 1887. That box contained papers. A search for an insurance policy was made, bub it was never found. Advertisements were published in Australia and New Zealand for George Tuckwell between 1892 and 1898, but with no result so far as the actual person sought for was concerned. A LETTER ARRIVES. However, in 1893 there was a letter i written to a brother of George Tuckwell in Wellington, purporting to be from the missing man, and asking for photographs of the family. The brother, who received this letter, was satisfied j that it was a forgery. Then a letter came to say that a former friend of the Tuckwell was coming to Wellington with a power-of-attorney from George Tuckwell to collect the moneys due to him — the sum involved is £8900. The money was claimed from the PubII? Trustee, and tie power -'of -attorney was addressed to him. It was said that George Tuckwell was then at Cobar, New South Wales. The friend in question said he was coming to Wellington. He admitted that the ,writing of the letter was his, but that it was at George Tuckwell 's dictation. Evidence was clear, said his Honour, that the friend had been in Cobar under an assumed name, and that he received a telegram from Wellington in reply to enquiries made ir connection with Geage Tuckwell. TKr. FRIEND DISAPPEARS. The friend wrote' to his mother in Wellington, nn-1 some of the letters were obtained by tha police. They contained enquiries as to the monej left to George Tuckwell. The friend's family refused any information of his whereabouis to the police, and efforts to find him had been fruitless. NO CLAIM MADE. No claim had been made on the Pub; lie Trustee from anyone on behalf of George Tuckwell. The indications were, his Honour said, that the friend obtained possession of papers from George Tuckwell, and from them obtained information of the death of Tuckwell, but there was ryo indication of the registration of his death, and it was quite possible that he died under an assumed name. In 1905 the matter came before his Honour, who made an order for the Public Trustee to hold the funds until he had further enquiries. This was done, but with no result. It had been mentioned that George Tuckwell had married at Narraudera, New South Wales, in 1897, and that his wife instituted proceedings lor divorce ; but her husband's identity with the George Tuckwell in question was not established. She stated that her husband h?d deserted her. In the certificate of marriage no name of her husband's father was given, nor his occupation. In fact, the parts of the insertion of these particulars was leit blank. The probability was, his Honour remarked, that this man married under an assumed name. It was strange, however, that he was said by his wife, whom he had deserted, to be residing at Reef con. But no George Tuckwell was fouid at Reefton when the search was raudo there. LAND AT KAIWARRA. In 1893 a conveyance was taken by a well-known Wellington solicitor of land at Kaiwarra- which Georgo Tuckwell had been left by his father. This land was paid for, and the proceeds was sent to the supposed George TuckwelL There could be no doubt, said his Honour, that the person who signed that conveyance had also possession of George Tuckwell's policy of insurance. A fraud, then, was successfully committed in 1893 by some one impersonating George Tuckwell, and this person attempted to claim the moneys held for George Tuckwell by the Public Trustee. PRESUMED TO BE DEAD. His Honour presumed George Tuckwell to be dead, unmarried, intestate, and thao he died prior to the coming of age of Valentine Tuckwell (the youngest child), and be thought it would be wise for the Public Trustee to hold the fund for a further period of six months, and, providing no applications are received at fche end of that time, to receive an order for the payment of the money over to the persons entitled to receive it.

A member of the crew of s.s. Gertie, named Percy Braithwaite, was fined £2. with costs 7s, by Mr. Riddell, S.M., to-day, ■ for playing a game of chance, namely, hazards, on Waterlooquay on Tuesday. The alternative was seven days imprisonment. Tho summer sale nt Th« Naw Home will be held to-morrow. Special showroom attractions ar« advertised.