FORTUNE TO FRIEND

Evening Post, Volume CVIII, Issue 15, 17 July 1929, Page 9

FORTUNE TO FRIEND

FORMER SHEEP FARMER

A CONTESTED WILL

(From "The Post's" Representative.) SAN FRANCISCO, 26th June. Petition to revoke probate of tho will of Gearhart H. Engels, a New Zealand sheep farmer, who cut off his relatives and left his estate to Andrew Gray, an old New Zealand friend and business associate, was filed in San Francisco last October on behalf of sixteen persons claiming to be heirs-at-law. At that time the fortune bequeathed to Andrew Gray was placed at a million dollars, and the will was admitted to probate with Mr. Gray appointed administrator. W hen the contest was commenced in Judge Graham's Court the fortune was estimated to be 200,000 dollars, a large portion of it being in securities held by San Francisco banks.

The contest was waged by sixteen cousins, lea by Lambert Ter Brake, of Holland, and Anton Braverman, of Los Angeles.

The contestants asserted that Gcarhar.t H. Engels made a trip to Holland in 1921 for tho special purpose of rounding up all his relatives, and making a will providing for them. They declared ho did make such a will, which document they sought to have admitted to probate. They contested tho last will of Engels, executed just beforo his death on 28th April, 1925, in San Francisco, on the ground that he was of unsound mind af that time.

Andrew Gray was a witness before the jury, and testified of his friendship with Eng'els. Ho said the last time he saw Engels was in Auckland, New Zealand, in 1927, and that the following April he received a cablegram from Engels to hurry to San Francisco, but by the time he arrived Engels was dead. He admitted making the statement that he knew of no reason why Engels should have cut off his relatives. ENGELS'S PEOTJLIARrriES. Mrs. Fred M.- George, lessee of the Georgian Court Apartments. San Francisco, in whoso home Engels resided, afforded some humour with her testimony concerning Engels's peculiarities. Engels frequently alluded to a romance of his early life, talking of it in various ways. Witness identified a cheque for 1761 dollars and 34 cents on the Canadian Bank of Commerce as,, payablo to Mrs. Fred George from Mr. Engels's account. Witness further identified a, document signed by Mr. Eugels in which ho appointed Mrs. George to attend to his funeral, settle immediate expenses, and settle any other bills. He also appointed her his executrix until she turned over his affairs to Mr. Gray. This document was dated 16th April, 1928, and was signed in the presence of Mrs. Hannah M. Gibbs, the attendant nurse.

What was described as the second part of this document was read by counsel as follows: —"As a codicil to my will I wish to declaro and bequeath my entire estate to Andrew Gray during his life and at his death to go to the college as before stated. He, the aforesaid Andrew Gray, I appoint as my sole heir, being in sound mind, and I sign my name to my last will on 16th April, 1928. Signed, G. H. Engels. Witnesses, Mrs. George, Fred George, Hannah Gibbs." :

Judge Graham, granted the motion for non-suit, which meant that the contest had been dismissed for lack of evidence, and the will was established as the valid will of Engels. Accordingly, Gray was pronounced th& sole beneficiary under the will, and will become possessed of an estate calculated to be worth at least £40,000. Gray was warmly congratulated on the ontcomo of the suit, which had been bitterly contested.

It is explained that the Judge determined, as a matter of law, that tho evidence given in Court by the contestants was wholly insufficient to prove that Engels was of unsound mind when he signed his last will in April last year, and as a consequence ruled that the will was valid.