THE LATE MRS. RHODES

Evening Post, Volume LXXXVIII, Issue 74, 24 September 1914, Page 8

THE LATE MRS. RHODES

DISPUTE OVER HER WILL CODICIL INTRODUCES LEGAL DIFFICULTY. An extraordinary situation in- connection with the will of the late Mrs. Si A. Rhodes was the cause of legal proceedings under an originating summons before Mr. Justice Hosking in the Suprom© Court to-day. A codicil by some chance or other was attached to an earlier and revoked will, and the question was whether it revoked a later will of the deceased lady, who left a large estate. The parties were W. H. Sefton Moorhouse, solicitor, Wellington, 0. S. Watkins, accountant, Wellington, and John Studholme, sheepfarmer, Canterbury/ executors of the will of Sarah Anne Rhodes, plaintiffs ; Michael Harry Godby, solicitor, Chrietchurch ; Victoria College ; Anne Rhodes Ryle, London, and Mary Rhodes Moorhouse, Northampton ; William Henry Cran6toun Wigley, solicitor, Christchurch j and William Dubois Ferguson, representing god-children of Mrs. Rhodes, were defendants. Mr. E. F. Hadfield appeared for the executors ;• Mr. S. J. Raymond, K.C., with him Mr. M. J. Gresson, Christchurch, for the defendant Godby; Mr. H. F. yon Haast for Victoria College j Mr. 0. P. Skerrett, K.C., with him Mr. R. Kennedy, for A. K. Ryle, and M. R. Moorhouse; Mr. G. Harper, of Christchurch, for Wigley ; Mr. T. S. Weston for Ferguson ; and Mr. C. W. Nielson forj. F. Studholme, who, in certain conditions, would share in the will. According to the statements of counsel, the late Mrs. Rhodes left property of an approximate value of £223,000. She made a will, da4,ed 27th February, 1911, containing Very numerous bequests. Later she revoked this will in a second will, dated 29th August, 1912. The new will w4s in many respects similar to the first will, but omitted some bequests contained in the first will and added fresh ones. Among these additional bequests was one large one amounting £0 £20,000, shares in the Canadian Pacific Railway to Annie Rhodes Ryle and Mary Rhodes Moorhoose. The testatrix then expressed the intention of cutting out a share in the_ residue which she had given to W. H. C. Wigley, and gave instructions to .a solicitor to draw up a codicil to that effect. The solicitor enquired to see the testatrix's will, and was told by her it could be got in, a trunk under her bed. A will was there found, and the solicitor, in drawing up the codicil, referred to this will. The will proved t6 be not •the last one of 29th August, 1912, but the former one revoked, of 27th February, 1911. The date of the codicil was 19th December, 1913, and tho codicil was attached to the first will. The questions referred to the Court were as follow : Did the codicil revive the first will which had been revoked? If so, do the codicil and the first will entirely revoke the second will? Or have the first and second wills and the said codicil to be read and construed together ? Legal argument by counsel occupied the Court during the morning and afternoon, and the case is still proceeding. To-day's Government Gazette contains a notification correcting an error in the proclamation under which the City Council has taken portions of tho Heath estate for the purpose of widening Willis-stroet. It is also notified in the Gazette that the Corporation has taken land for the purpose of widening Man-ners-street, subject to a lease held by Jeremiah O'Meara, hotelkeeper. A Navy League wreath in a block of ice has been shipped to London by the Remuera. It was arranged that the wreath shoufH go by the Ruapehu a. I month ago, but that ship was requisitioned for military purposes. The result will be that tho frozen wreath will not reach London until after the anniversary of, Trafalgar, bnt arrangements are being made to specially exhibit New Zealand's ( tribute at the baso of the Nelson memorial with a brief explanation as to the delay. At the inquest concerning the death of the eight-weeks-old child of Douglas Stephen Wilkins, of Windsor-place, medical evidence showed that suffocation was caused by a greatly enlarged thyltis gland pressing on the trachae. A verdict was returned accordingly. A plate-glass window in Mr. J. M'Nab's jeweller's shop, Timaru. had a hole broken through it on Tuesday and about £50 worth of ladies' watches, broodies, e&., was abstracted.