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THE COURTS -TO-DAY.

SUPREME COURT.-CIVIL SITTINGS

(Before His Honor Mr Justice Williams.)

WINMILL V. GALLIE AND OTHERS,

A suit to determine the validity of the will of John Gallic

Mr J. P. M. Fraßer appeared for plaintiff; Mr F. R. Chapman for defendants. This case was resumed at 10.30 this morning, Mr Fraser continuing his address to the Court.

Counsel touched on the various transactions in landed property, with a view of showing that it was practically Mrs Gallie, and not Gallie himself, that conducted the negotiations. Counsel went on to enumerate the many occasions on which, as shown in evidence, Mrs Gallie had made distinct statements concerning her husband's condition to outside witnesses. He also drew attention to the fact, as stated by Lydia Ludford, that Mrs Gallie used often to coerce her husband, and threaten him with the asylum. Coming to the question of the will, which was a most important point in the case, counsel submitted that Mrs Gallia's evidence was very erratic. It had been said that the will was a reasonable one, but the very fact that it was a simple will went a long way to show that it was quite natural that the solicitor who drew it up should not have his suspicions aroused in any way. Counsel submitted that it was an exceptional thing for Gallie to go to Mr Sievwright, who was a perfect stranger to him, to consult him, and then return and get a document drawn up by him. As to various statements made by Gallie as to the future disposal of his property, evidence had been given for the defence that he frequently talked about wills, and on one occasion said to Mrs Gallie: "Never mind, mother; everything shall be left absolutely to you." On another occasion he made to the family such remarks as " Everything ought to be left to the mother when she is a good mother like yours is." John Gallie, jun., also swore that he had often heard his father say that he would leave everything to the mother and " cut Lydia off with a. shilling." Counsel did not believe that old Gallic had ever uttered such an expression, and did not believe that young Gallie ever heard him use it—or ever thought of saying so untilhe got into the witness-box. On the other side Lydia had sworn that she once heard a discussion between Walker and Mr and Mrs Gallie as to a will, and ako another conversation when Mr Harris (solicitor) was present. On this latter occasion Lydia was told to go out of the room, and presently Mrs Gallie went into the room in which Lydia and her sister were and said " You girls will be all right; you'll get LIOO each when you are twenty-one." Mrs Gallie swore that she did not remember Mr Harris baing sent for to make a will, or the making of such a will. The witness Grant gave evidence us to Gallic's asking him to witness a will that he had made cutting his wife out of it on the ground that she had been unfaithful with Walker. Grant declined to have anything to do with tho will unless Gallie verified his suspicions. In summing up the whole evidence on the will point, counsel asked His Honor to take it as proved that Mrs Gallie's account of the transaction was practically impossible. In commenting on T)r King't evidence counsel claimed him as on several points a witness on his side. Counsel here intimated that he had now concluded his comments on the evidence in the case, and would proceed to dsal with the law points at tho next sitting. The case then stood adjourned till Thursday next.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/ESD18890615.2.10

Bibliographic details

THE COURTS-TO-DAY., Issue 7934, 15 June 1889

Word Count
622

THE COURTS-TO-DAY. Issue 7934, 15 June 1889

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