SIR G. HUNTER'S ESTATE

Evening Post, Volume CX, Issue 144, 16 December 1930, Page 12

SIR G. HUNTER'S ESTATE

NEPHEWS EVIDENCE

CASE FOR THE PLAINTIFFS

Most of the evidence for tho plaintiffs —Cyril Paul Hunter and Thomas Percy Hunter —heard by Mr. Justice Eeed in the three days devoted to the Hunter will case in the Supreme Court last month was directed towards proving that the late Sir George Hunter, in tho months preceding his death, showed no signs of mental failure, as alleged by his widow, Lady Hunter, who opposes the granting of probate of the will and codicils chiefly on that ground. The three witnesses who were called yesterday also testified to Sir George's mental condition; they said they observed no indications that he was failing mentally. . A considerable part of the time yesterday was occupied in hearing the evidence of Thomas Percy Hunter, after which he was subjected to a lengthy cross-examination by Mr. G. G. Watson, counsel for Lady Hunter. When the Court adjourned late in the afternoon until this morning there were still further witnesses to be called before the case for the plaintiffs, who were nephews of the late Sir George, was completed. Tv answer to further questions by Hr. Watson, after "The Post" went to press yesterday, Thomas Percy Hunter said that when he saw Sir George in September, 1929, Sir George undoubtedly was weak physically and his voice was low, but he was sound mentally. As ho improved in health his speech became better.- . CAPACITY FOR MENTAL EFFORT. Mr. Watson: "Was he in November as capable of mental effort as before his stroke?" —"No." "Was he at any time up to his death as capable of mental effort as prior to his stroke?" —"Yes, I think he was." "At what point of time did he regain, that condition, then, as far as you can tell!" His Honour said it appeared to him that that was a very difficult question for a layman to answer. Witness said he considered that mental and physical'condition Were so interlocked that it was difficult to differentiate. As his physical condiiton improved Sir George's mental condition improved, as appeared to him to be only natural. Questioned about Sir George's trip to Eotorua, witness said that he thought the trip did him good; he appeared to bo stronger physically on his return. Eeplying to further questions, witness said that all his information about the promised gift of £5000 to his brother Cyril by Sir George came from his brother. The matter, however, was one of common knowledge in the family. BENEFITS UNDER WILLS. Mr. Watson: "You know now that Lady Hunter was.better off under the October will than under the November will?"—" Yes." "That under that will she got the power to deal with two-thirds of the capital V —"Yes." "Isn't it a fact that in the discussion you have mentioned as to tho will Lady Hunter's whole attitude was to benefit the child and not herself by saving additional death duty?"—" Yes, and also to benefit the rest of the Hunter family." "Did you and your brother agree that Sir" George should make another will to avoid double death duties?" — '' I suppose I did. It was obviously a bad provision, in the other will, but I don't know that anyone ever asked my opinion about it. If they had I would have agreed." "From your knowledge of your uncle and his affection for the child, do you think that he would have deliberately left the child without a home until she was 21 ?"— "I think so, because he had great confidence in Ins wife." Mr. A. Gray, K.C. (counsel for the plaintiff), suggested that the question was unfair. Witness said he did not think Sir George contemplated anyone else living in the Dixon street property than Lady Hunter and the child Betty if the house was let. VALUE OF ESTATE. Questioned about the value of the estate of the late Sir George, witness said he thought that it was worth, as stated by Mr. Dunn, £200,000. For probate'purposes, the .estate was sworn at about £170,000. Mr. Watson: "Do you ever expect to see £170,000 on the realisation, Mr. Hunter?"—" Yes, I think so." Witness said he had no knowledge of Sir George and Lady Hunter experimenting with the growing of lemons at the station at Porangahau. In reply to another question from Mr. Watson, witness said that at the beginning of the litigation an offer of £13 an acre had been received for 500 acres at Porangahau. That was hill country, though. Averaging all the land out, he thought that in more favourable times than were ruling at present it should return over £13 an acre. Other questions dealing with the value of the estate were put to the witness by Mr. Watson, after which lie was TC-examined by Mr. Gray at some length, particularly in regard to letters that had been written by him and Lady Hunter, which also l|-.tl been the subject of cross-examination by Mr. Watson. The letters referred to improvement in the stock with a view to the station bringing in more money. When Mr. Gray had concluded his reexamination, the Court adjourned.