[PRESS ASSOCIATION.] DISPUTING A WILL INVERCARGILL, 7th March.

Evening Post, Volume LXXXV, Issue 57, 8 March 1913, Page 9

[PRESS ASSOCIATION.] DISPUTING A WILL INVERCARGILL, 7th March.

At the Supreme' Court to-day ' Sir Joshua Williams heard the case of Caroline Cartwright v. C. S. Lonkuet and. the trustees of the Church of England, claiming revocation of probate of the will of Dora Clark (plaintiff's mother), and asking that the will be declared void. Plaintiff claimed that her mother, who had suffered from paralytic seizures, did not have /testamentary ' capacity wfien making the will, which bffc her only a life interest in the estate The defendant, who was the testatrix's solicitor, and also sole executor, gave evidence that Mrs. Clark displayed undoubted testamentary capacity. She disliked her daughter's husband, and in order to avoid the possibility of his getting the money left her daughter only a life interest, the estate going to the Church of England ultimately. Medical evidence was given by Dr. Ewart to the effect that Mrs. Clark was quite capable of properly expressing her intentions at the time the will, was made. Sir Joshua Williams gave judgment for the defendant, saying that the testamentary capacity had been abundantly proved.