HUNTER WILL CASE

Evening Post, Volume CX, Issue 122, 20 November 1930, Page 10

HUNTER WILL CASE

EVIDENCE

. CONDITION OF TESTATOR

THE OCTOBER WILL

When the Waring was resumed in the Supreme Court this morning of the case concerning the will of the late Sir George Hunter, Mr. G. G. Watson, counsel for Lady Hunter, continued his cross-examination of Alexander Dunn, barrister ap.d solicitor, who prepared the will and codicils at Sir George's instructions./ Counsel at the outset dealt with events prior to the execution of the firafc will. Beplying to Mr. Watson, witness said that before the doctors who were to witness tho signing of the will arrived ■at' Sir. George's house witness had read the will, sonic twelve or fourteen pages, word for word, from beginning to end. Subsequently he told Sir George the effect, of the different clauses. Mr. Watson: "How long did the 'Teazling and explanation take?" —"It :masr have taken twenty minutes or half aa hour." "Was he not very tired before you started to read this document to him?"—"No, I didn't understand ho was particularly tired." Propped up in bed. "Was he then lying in a darkened joom?'.'—"No, not to my recollection." "Propped up in bed on pillows?"— *"He was propped'up in bed." ..-'"With! cold, water packs on his body to reduce the pressure and temperature?"—"l didn't notice that. It may have been so." ' "Do you think that this man, aged 72, in 14 dnys after a, severe apoplectic stroke, was capable of following your reading of the will?"—"Of course, I don't know how he was applying himself while I was reading it, but if he had taken the trouble he was perfectly capable of • understanding the whole thing." "Do you think he did fully understand what you were reading?" —"I do." "Is it a.fact that part of the way through the reading Sir George said, 'Mr. Dunn, I am very tired; that will do><?"—"Oh, no." Questioned about the precautions that were taken, witness saiQ. that when the will was signed he knew, or was told that they had the certificates of three medical men as to the testator's capacity. TESTATOR'S ANXIETY. - His Honour observed that the impression that was left in his mind was that -the testator's health was such that Mr. Dunn and Lady Hunter were concerned, in having the will executed at the earliest possible moment. His Honour asked witness whether that was the position. Witness said it was his impression that the testator was anxious to have the will completed quickly. As far as his recollection went, Lady Hunter ' never expressed any opinion in this . connection, although, of course, everyone knew Sir George was in a very dangerous state of health. His Honour: "My impression is incorrect then." Mr.' Watson asked ■ witness whether Lady Hunter* after receiving her copy of the first will, had not expressed the greatest consternation and surprise at the contents. ' The witness denied that was the position. ' "Did she not point out that you had drawn the will in such a way. as to- involve the estate in too heavy death duties?" Witness: "That aspect of the matter was brought up late in negotiating the interviews leading to the second will." The witness added that Lady Hunter's, attitude ,was that there should be a.new will or'codieil. He admitted that the October will was the one most favourable to Lady Hunter. LADY HUNTER INSISTENT. Mr. Watson: "Lady-Hunter was almost insistent on the gift of '300 acres at Porangahau being made to the child?" —"She was very insistent on that." : "You were much opposed to it? You didn't want it put'into the will?" —"It was all one to me what went into the will: I advised against it, and the testator agreed." .. THE SECOND WILL. Regarding the signing of the second will, Mr. Dunn said he read all the important clauses down to the machinery clauses. Sir George then told him to stop. Mr. Watson invited witness to show him at which clause he stopped. Witness said that to the best of his recollection the clause at which he stopped was clause 22. Mr. Watson: "So three pages of the ■will were never read to him at all?"— The witness said that Sir George demurred. Witness informed Sir George that the remaining clauses were the same as in the previous.will. Mr. Watson: "In the 1924 will Betty got a much large residue than under your second •will. She got everything in the estate by way of residue?"— "She would get a larger residue because the legacies were'less and the £10,000 legacy to the step-children is not in it." After Mr. Watson had cross-examin-ined Mr. Dunn for two hours and a half, Mr. W. Perry, appearing for the child Betty, questioned the witness. HORNS OF DILEMMA. To Mr. Perry, Mr. Dunn said that under the will of 1924 Betty would be living entirely on her mother's bounty, except in the case of her mother's death or re-marriage, but ultimately she would obtain the income from the whole of the residue of the estate, after thopay- - ment of annuities. There was also no provision in the next will of 12th October, 1929, for maintenance and advantages of the child, but in the will ,of 15th November, 1929, and codicils, one of the bequests to the child was the Dixon street property when she reached twenty-one. Replying to further .questions from Mr. Perry, the witness said, it was estimated that £40,000 would have to be paid.in death duties, so that, assuming the approximate value of the estate at £175,000, a sum of £135,000 would be left. His Honour: "Which will do you say suits you best, Mr. Perry?" . Mr. Perry: "I am trying to ascertain. I am on the horns of a dilemma between the two wills. At this stage the luncheon adjournment, was taken. VALUE OF ESTATE. On resuming this afternoon, Mr. Dunn, in response to a request by Mr. Perry, produced a statement of the assets and liabilities of the estate based partly on death duty accounts to date and supplemented by schedules. Witness said the statement was only.an estimate 'of tho position; The total 'value of the estate, taking everything into consideration and putting the value of the farm down at £14 per acre, was approximately £198,028. That was his rough estimate of the value of the estate. AVitness said that' for probate purposes the estate had been sworn at approximately £175,000. Mr. Perry suggested that if the land •was not worth £14 an acre and the estimates of £35,000 and £5000 as the value of the Customhouse street prop-

crty and the equity of the Dixon street property were a little too much the value of the estate would be brought down to' about £175,000 or £180,000. Witness agreed that on the basis that tho estate was worth £175,000, the residue as far as was known would be £25,700. Mr. Perry: "And should the estate turn out to be worth only £150,000 there is practically no residue?"— That would bo so and it would follow there could bo no income derived from residue, but as against that Betty had the Dixon street property free of encumbrances and has" also the £10,000 fund. Witness later stated that as yet he had been unable to investigate tho loans made by Sir George to politicians and his constituents. They were numerous," but the question was how much they were worth. Mr. Perry: "Do you mean the loans to politicians or the constituents'!" — "Both." (Laughter.) The loans must run into £12)000 or £15,000. Sir George was very liberal. In answer to Mr. Gray, witness said he did not think his valuations were too optimistic. Taking the figures as they stood, he still considered tho will a fair one, Yesterday's proceedings in this case are reported on Page C.