NEARING THE END

Evening Post, Volume CXI, Issue 41, 18 February 1931, Page 10

NEARING THE END

HUNTER WILL CASE

WIDOW CROSS-EXAMINED

LAST OF THE EVIDENCE

Practically the whole of this morning's sitting in the Hunter will dispute was devoted to tho cross-examination of Lady Hunter by Mr. A. Gray, K.C., and Mr. W. Pern-. When tho luncheon adjournment was taken Sir Donald M'Gavin, one of tho two remaining witnesses for the defence, was in the wit-ness-box. It is expected that the evidence will be concluded to-dny. His Honour Mr. Justice Reed 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 Porangaliau. Tho defendants, Lady Hunter, and her child, Elizabeth, were represented respectively by Mr. G. G. Watson, with him Mr. 11. J. V. James, and Mr. AY. Perry. , Lady Hunter, one of the executors, is challenging the two wills and codicils made by Sir George after his apoplectic seizure in September, 1929, on the ground that at the time they wore executed Sir Georgo was not of sound mind, memory, or understanding. The other two executors are Cyril Paul Hunter and Thomas Percy Hunter. Cross-examined by Mr. Perry, Lady Ilunter asserted again that her main reason for attacking the last will was that it did not provide a homo for Betty. Thero were also the questions of the Porangaliau land and tho gift to Betty of £10,000. She had not considered that the Court might hold that the £.10,000 should bo paid to Betty when she- was 21. She had been told by tho trustees and Mr. Dunn that the property could bo sold. "You know that tho will provides for tho Dixon street property free of encumbrances?"-!—" Well, I have been told otherwise by the nephews and Mr. Dunn." Witness added that they had offered the place for sale. His Honour: "Well, then, they arc acting without jurisdiction." Mr. Perry: "They were unable to. sell it?" —-"They could not sell it very well beeausc no one would buy it." "You want tho .1924 will to stand?" —"I do, blindly." "In the 1924 will there was no provision for the maintenance, education, and advancement in life of Betty until your death or remarriage?"—" That was quite feasible, because tho child was small and Sir George Had tho greatest trust in me. It went without question that I would take care of her." Lady Hunter said that she would make any agreement for the benefit of the child. "Under tho 1924 will the child willl bo dependent upon your bounty for any income whatever until you die or marry again?"—" Yes." "Assuming you live another 30 years and do not remarry, the child will bo dependent upon you?"—"I will give anything to the child drawn up legally by anyone having power to do so. Sir George had no idea I would livo for long, because I was very ill when the will was made." ' "Suppose, Lady Hunter, a quarrel developed between you and Betty under tho ohl will. She would bo dependent upon you for everything?"— Lady Hunter said that she wanted an agreement drawn up. At present she was acting as caretaker in the Dixon street house at the same wage as any ordinary caretaker. "Wo are ready to share tho house with anyone who will take it at' £15 a week." The three children by her former marriage were much older than Betty, witness continued, and they got on very well with her. Mr. Perry suggested that under the last will tho immediate benefit to Betty was very much greater than under the 1924. will. Lady Hunter: "It . only looks greater." ■ ■ ■' A few minutes later witness said that that if she- died, under the 1924 will Betty would get everything. It would be a disgrace for Mr. Perry or anyone else in the Court to say that Sir George wilfully did not intend his daughter to havo a home. "1 will provide a home for her until she is 21 or give her anything that is thought proper.. I don't want to keep anything from her.' Mr. Perry: "Apart from that, you arc satisfied with the last will?"— "No, I am not. There is no station homo for Betty. Wo would have to ask permission to go on the estate. They told mo they would let the manager have the house. I can't explain the feud that is in existence." In reply to Mr. Gray, witness said that she knew some of the contents of the 1024 will before Sir George died, but not all of them. "Did you know what provision had been made for yourself?" —"No, not for myself." "For Betty1?."—"No, I did not." "Did you even inquire from Sir George whether he had provided a home for her?"—"My husband only had one thought in life, and that was for the child. He spoke all the time about Betty." "Your grievance is that the last will does not provide for a home for Betty?"—" Not until she is 21." "Do you realise that if the 1924 will stands you succeed to the whole income of the estate?" —"I know noir.'' "Your daughter's welfare will depond entirely upon your bounty?" —"I know that, but Sir George had every confidence in me." "But at that time Sir George thought you would not live?"—' Tor sis years" we were questioning whether I would live." i «'lf you died, who was going to provide a homo for Betty l"—" She was going to get everything." "She was only a baby. If you died, as it was thought you might, who was goiug to provide a homo for her' —"Sir George's estate. I believe you will find I could appoint trustees for Eeferring to the Dixon street house, Lady Hunter should she thought it was essential that Betty should have such a home. "She is the daughter of a very wealthy man who desired that she should have a home like this," she S'A.t this stage Lady Hunter made a statement about her husband's weakness for giving money away and other matters. , His Honour interrupted witness and told her that she must answer the questions and not wander from the point. "You must know it_ is very improper to chatter liko this," said his Honour. "I don't want to treat you roughly, but you must answer the questions." Mr. Gray next questioned Lady Hunter about the October will, and asked her if she suggested that Sir George did not give Mr. Dunn instructions regarding it. Witness: "No, I don't suggest that, hut Sir George would have agreed to anything at that time." Mr. Dunn had told her that tho Dixon street property was not in the will, and if Sir George died the estate would lose it. "Do you seriously suggest that Mr. Dunn, as an experienced lawyer, toll! you that?" —"Mr. Dunn told me a lot of things that were incorrect." Mr. Gray asked witness where she got the idea of the two death duties,

and Lady Hunter replied that it came from her own brain and "was a, correct idea. J Mr. Gray: "I'm not disputing it." I Lady Hunter: "Then why do you ask me suck stupid questions. Why don't] you question me on the things that matter?" Witness went on to say that the nephews had been very keen to have a new will made. "Did you make any protest to either Dr. Steele or Dr. Mac.Donald about the signing of the- will?"—"I removed my objection because the house, I thought, was not in the will. II! it was to bo for Betty's benefit I was willing to let it go." She did not. know anything at that time about a testator's mental capacity. Asked it' Sir George was aware of the provisions of the will, witness said that lie was apthetically aware of them. If the codicil was not in and the wording was as sho haul planned it she would not have contested the will. "We would have been much happier, and this publicity would never have happened." In reply to Mr. Watson, Lady Hunter said that the only home she had other than Dixon street was the Bolton street property, which was leased, and which she and Sir Gcargo had left because it was unsuitable for the child. She had been told that there would be no residue for Betty. At the trustees' meeting they all agreed that the value of the estate was not more than £150,000. Under the 1929 will Betty would get nothing except the £ 10,000, whereas under the earlier will she would get the whole estate ultimately. Mr, Watson: "During the November will-making did you give any consideration to the value of the various assets in the estate?" —"No, I did not work it out by sums. I just. gave what I thought was most essential to the child." "Did you have any idea nt that time as to the- actual value of the estate?" • —"Years ago when things were very high Sir George thought he was much wealthier than he actually was." "That was when wool was fetching lSd a pound?"—" Yes." NO MAINTENANCE. Lady Hunter said that in the early clays of their marriage Sir George told her that he considered Betty would be worth £300,000. "Immediately prior to his illness did lie have any idea what he was worth?" —"No, he did not." "When tho November will was made you know; ho was going downhill financially?"—"He had been going downhill for two or three years." Witness added that Sir George owed her £4400 for household expenses and alterations to tho DixoJi street property, which had been pai'tl for out of her account. Mr. Watson asked if she had received any maintenance for herself or the child. Lady Hunter: "I have not had a penny from them. They said they would not give me sixpence. As soon as they knew that I was contesting the will they said they would give me nothing. Prior to that they said they would give me £1000." PHYSICALLY UNFIT. Alexander K. S. Mackenzie, partner in tho firm of Bell, Gully, Mackenzie, and O'Leary, said that he prepared the 1924 will for Sir George. On 9th October, 1929, he was communicated with by Lady Hunter. He called at the house and Lady Hunter asked him if Sir George's will was all right. He told her it was. She then asked if there was any necessity to make another, and he said there was not. Lady Hunter said that Mr. Dunn was engaged in preparing a new will for Sir George, and she thought ho was too ill to sign it. Witness had the impression that Sir George was physically unfit to make a new will. On 12th October, witness was again asked to go up to the house, Lady Hunter adding that Sir Gcorgo was very ill. Witness j wont up, but on learning that Sir George had not asked for him to bo present he declined to have anything to do with the will. Ho told Lady Hunter that it was no concern of his. There was no discussion as to the justice or injustice of tho will. Lady Hunter said that two medical men were coming to witness the signing of tho will. His Honour: "Was there any suggestion that ho was mentally incapable of making a will?" —"I am quite clear on that. I never had the slightest idea that he was incnt.''ly unfit. I was under tho impression that he was physically "unfit." Carl 11. Jorgonson, masseur, said that ho attended Sir George after the lattor's return from Eotorua. He found Sir George unable to concentrate on anything1 or maintain his interest in nny subject. Sir Donald M'Gavin, surgeon, gave evidence rogni'ding the physical and mental effects of different forms of apoplexy. Witness said that he had treated many cases of apoplexy in old people, and detailed the symptoms which indicated a severe stroke. In view of the medical evidence he had heard regarding Sir George Hunter's physical condition, and (he severity of (he, sfroke, he would expect severe mental impairment to follow. (.Proceeding.)

The report of the hearing of the case yesterday afternoon appears on page 14.