THREE WILLS

Evening Post, Volume CXI, Issue 40, 17 February 1931, Page 14

THREE WILLS

WIDOW'S OPPOSITION

SIR G. HUNTER'S ESTATE

DOCTOR IN THE BOX

The evidence and eross-exuuimaUon of Dr. B. W. Giesen occupied both sessions of the hearing of the Hunter will case in the Supreme Court yesterday. The doctor's evidence related principally to Sir George Hunter's condition between October, 1929, and April, 1930, and tho effect of the apoplectic stroke upon his testamentary- capacity. A good deal of tho cross-examination was directed towards ascertaining what was in Dr. Giesen's mind when he issued a certificate that Sir George was fit to sign a new will on 11th October, 1929. His Honour Sir. Justice Eeed was on the Bench. Mr. A. Gray, K.C., with him Mr. L. K. Wilson, appeared for the ' plaintiffs, Cyril Paul Hunter, of Akitio, and Thomas Percy Hunter, of Porangahau. The defendants, Lady Hunter, widow of the late Sir George Hunter, and her seven-year-old child, Elizabeth, were represented respectively by Mr. G. 0. Watson, with him Mr. H. J. V. '.J mnos, and Mr. W. Perry. ,ft is claimed by Lady Hunter, who is •nu of the executors of the will, that ilie will and codicils the other two executors, Cyril Paul Hunter and Thomas Percy Hunter, nephews of the deceased, are asking the Court to decree probate of were not duly executed according to statute,(and that at the times the will and codicils purported to have been executed Sir George was not of sound mind, memory, or understanding. There are three wills before the Court, one executed in 1924 and the otliers yi October and November, 1929, ! respectively, after the testator's stroke iin September. Lady Hunter is seeking probate of the will of 1924. .After "The Post" went to press, Dr. Giesen was asked by Mr. Watson if he thought Sir George was capable of doing any business involving a complex sot of facts. "I think he was quite incapable," he replied. Witness said that he had read the three wills now before the Court, and was familiar with the successive changes. I Mr. Watson: "Do you consider that Sir George was capable of passing judgment-on the various changes after his illness?"—"l consider he was not capable."' THE THIRD WILL. "It has been suggested that Mr. Dunn, read over the whole of the third will to Sir1 George on' 4th November. Do you consider he was in a condition to follow and understand it?'*—"No." . : "Could he understand and appreciate the main provisions of the will?" —"I don't think so." Witness said that he did not attach any value to the evidence of the 20 or 25 persons who had visited the sickroom, so far as it went to prove Sir George's mental condition. Laymen mostly did not realise the ordinary indications of mental impairment. Cross-examined by Mr. Gray, witness said nothing would convince him that Sir George had testamentary capacity after the stroke. Mr. Gray: "You are not to be convinced by any evidence')"—" Not by the evidence." Witness was questioned about his first visit to the aiek-room. Sir George was then stuporose, he said. - "If he was stuporose and showed no interest in your visit, how can you account for his being ablo to discuss farming matters with one of his nephews shortly before your visit?"— Witnoss replied that probably the improvement that had been going on sineo the stroke occurred had been checked by the nephew's visit, or some other subsequent matter. When ho entered the room Sir George said "Good morning," showing that he knew someone was in the room. "That was on the 4th October. If you are told that on. the b'th he sent for his lawyer and said he wanted to make a new will, that would indicate some interest in life, would it not?"— "Yes." Witness said he thought Sir George might have been able to understand the main provisions of the 1924 will if it had been read over to him. He did not think Sir George would be capable of understanding the nature of alterations to "the will. "1 gather from what you say that Sir George was not capable of suggesting alterations?" —"He probably could have made suggestions, but I do nut thiuk he had the capacity to understand the nature or importance oil them." " Will you admit that he might have appreciated and remembered the pro-. visions of the will he had made a few years before^" —"I don't think so." "Why not?" —"Because it was a considerable will. He might remember that he was leaving tho bulk of his estate to his wife." •"Is that all?"—" About all." "If Mr. Dunn says that Sir George instructed him. to leave out i some legacies in the 1924 will and add others, is that likely?"—"He might. I don't see why he should not." CERTIFICATE OF FITNESS. Witness was questioned at length regarding his certificate that Sir George was fit to sign a new will on 11th October. Mr. Gray: "Do you consider that your duty was performed when you satisfied yourself that he was able to sit up in bod and make a mark on a paper?" —"I had to be satisfied there was no risk of a second apoplexy." "You say you had no other duty?"— '' I had no other duty.'' "You knew you were going to be asked if this patient could sign a will?"—" Certainly I was asked." "Signing a will involving a final disposition of his property?"—"l want to make it perfectly plain that my object in going to see Sir George was one of protecting him if there was any fear of his having another stroke. I was not told anything except to see him and ascertain the earliost day it would be safe for him to sign a will." "You were satisfied he could sign his will. Does not the physical act of signing a name to a will involve the disposition of a man's property?"— "No, not at all." "All you say you had to certify was whether Sir Georgo could sit up in bed and sign his name?" —"Yes." Witness said he know nothing about a new will. "I took the responsibility of saying that he was ablo to sign without running the risk of his life." "That is all you sny you were asked to certify?"—" Yes." "Is not that a little discounted by your own statement that Dr. Steele wanted your certificate for his own protection?"—" That meant that ifl Sir George had another stroke Dr. Steele would be blamed for allowing him to run the risk," "Does not a certificate that a man is m a fit condition to sign a will involve a suggestion that he understands what is inside it1?" —" I say it does not; you say it does." "Were you not; uware that it was considered desirable by Dr. Steelo that two doctors should certify lie was capable of signing?"—"No, I was not." AN URGENT MATTER. "You know that, tho mniter was somewhat urgent?''—'' Yes.'' "Because the man was seriously ill

and they wanted tho will signed on tho earliest day practicableI?''—"Yes."

His Honour': "Did you understand the- certificate was asked for from you so that Sir George might sign without any reflection being made subsequently on Dr. Stcelo?"—"I think that is what I did understand." "You knew, then, that your certificato was being given to enable a document to be signed?"—"l thought that so long as Sir George could understand what he was to sign it would bo safe for/him to do so." AVOIDING RISK. "You gave a certificate which you knew would be used in,some way in order to obtain that signature?"—" Yes, in so far as it was given to avoid risk of his life." Mr. Gray: "Does not the signature of a man to a will necessarily involve the knowledge on- his part of what he is doing?"—"l am trying to make it as plain as I can that I was asked to go to his house for a specific purpose, not to certify as to his testamentary capacity, but to protect Dr. Steele, in the event of the ceremonial of signing., resulting in Sir George's death. I was employed to do that. I did it and nothing more or less." "You think that only a doctor would be able to certify that a man was able to make a mark or sign a name?—" Nobody else." In reply to further questions by Mr. Gray, witness said that although Sir George's speech was sometimes slurred, he had not been at all difficult to understand. He was probably capable of transacting some business, including some very important matters regarding farming. Witness expected,, him to be able to understand things with which he had been in close contact all his life. Asked when he had first heard about the willb after Sir George died, witness said that Lady Hunter had come to see him. She said that Sir George j had made two wills after his illness, and she asked witness what he thought about Sir George's ability to make them. She did not say what the wills contained. "Did she make any complaint?"— "Obviously she was dissatisfied. I told her she should get legal advice, and she said she had already done so." Witness said that Sir George was very prone to suggestion. His Honour asked witness if he considered that a man who made over 300 acres of land to his daughter in his will and later revoked the gift knew what he was doing. Dr. Giesen replied that without an intimate knowledge of Sir George's domestic affairs he was not competent to judge. Both the gift and the revocation might have been due to suggestion, not necessarily from any person directly. The Court adjourned until to-day, with tho cross-examination unfinished. His Honour said it could be decided to-day if late sessions would be necessary. They would have to finish the case this week.