HUNTER WILL CASE

Evening Post, Volume CX, Issue 148, 20 December 1930, Page 7

HUNTER WILL CASE

| HEARING ADJOURNED : RESUMPTION ON 16TH FEBRUARY J 'Almost eight full days had been devoted to the hearing of evidence in the ( Huuter will case in the Supremo Court when the Court adjourned just aftev 3 o'clock yesterday afternoon until the .16th February, when, if necessary, his Honour Mr. Justice Reed will give five days to the case. His Honour intimated that the case must be finished in that time, otherwise it would run into the sittings of the Court of Appeal. When the adjournment was taken the evidence of 41 witnesses had been heard, 39 for the plaintiffs, including Cyril and Thomas Hunter, and two for the defence —Sister Tansey, who nursed the late Sir George Hunter throughout his illness until lie died, in August of thi3 year, and Dr. Duncan, of Botorua, whose evidence .was taken before. a Magistrate in Botorua1. Lady Hunter and Dr. Giesen, of Wellington, will be two of the principal witnesses when the case is resumed in February, and in all probability their evidence will take some time. . A large volume of evidence has been given for the plaintiffs discounting the contention made by Lady Hunter, on which principally she is contesting the Will and codicils purported .to have t>een executed in November, 1929, that at the timd the will and codicils were made Sir George's mental condition . ;was impaired. The two witnesses to 'date for the defence have said that Sir .George was affected mentalty as a result of the apoplectic seizure he suffered. Dr. Duncan, in his evidence stated that from his examination and observations of Sir George at Botorua he was of the opinion that Sir George .did not have testamentary capacity, and in his opening address for the doience, Mr. G. G-. Watson, counsel for Lady Hunter, said that Dr. Gricscn "would say that at no material time had Sir George the capacity to initiate the .instructions necessary for the October and November wills, and had not the power to pass an independent and fair ,;jndgment of codicils that might be put before him. On the other hand Mr: A. Dunne, 'barrister and solicitor, and the late Sir.George Hunter's man of affairs, has said that at no time did he have jaay doubt about Sir George's testamenitkry capacity, and Dr. Hughes Steel'e, !in spite of a long type-written statement, to which Mr. Watson has at.iached importance, maintained throughtout.his lengthy evidence and cross-ex-amination a similar view. Sister iWest, another jiurse, has also said that iduring the three months she assisted in nursing Sir George he showed no signs ibf failing mentality and intelligence as ifar as she could see. ■' Mr. A. Gray, ICC., with Mr. W. N. [Matthews, appeared for the plaintiffs, "Cyril and Thomas Hunter, who are (seeking probate 'of the November will ■and codicils; Mr. Watson had associated with him. Mr. H. J. V. James; and Mr. W. Perry watched proceedings on behalf of the seven-year-old daughter, Elizabeth Hunter, in whose sole interfest, it has been stated by Mr. Watson, 3jady Hunter is contesting the will. ■ Further questions were put to Nurse fFansey by Mr. Gray and Mr. Watson fciter "The Post" went to press yesterday afternoon. Be-examined by Mr. Watson, Sister fPansey said that when Sir George- returned from Botorua, Dr. Steelc said: •"Before you went away we weren't ■quits sure whether you were always 'going to say the light thing, but now jvonr head is as clear as a bell." In reply-to another question, witness fcaid that Sir George liked both Dr. ■f3t&ele and Dr. Giesen very much. lie foad no aversion to either. After Sister Tansey's rc-cxamina-■Mon had been completed, Mr. Watson ■sjaid he had no other witnesses he was jable to call conveniently prior to -the iihtervention of the Christmas vacation, jsnbject to his Honour's approval. His Honour: "I understand you canpot call the doctors to-day." Mr. Watson said that upon the assumption that Lady Hunter . would be jgiving evidence that day, he had in.formed the doctors that they could jnake their ordinary professional appointments, which they had proceeded •to do. Tie Court was adjourned until 10 a.m. ipn Monday, 16th February.