A QUESTION OF PROBATE

Evening Star, Issue 15929, 8 October 1915, Page 2

A QUESTION OF PROBATE

OR ANTED UPON A LIVING- .MAN'S WILL. [Special to the ‘ Stab.’] CHRTSTCHURCIL October 7. It is not very often that the Supreme Court is called upon to grunt probate upon the last will anil testament of men alive and well: yet such an application was made by Mr C. K. Salter, solicitor, of this city, and granted by His Honor Mr Justice Sim in the Supreme Court at Christchurch on September 27 of this year. It is but fair, however, to say that neither Mr Salter nor the learned Judge- who granted the application was aware" of the {.act that the soldier whose property was thus being disposed of was not- only not dead, but alive enough to maintain his place in the firing line and handle rifle, or bayonet as vigorously as the best of his comrades. The gallant soldier for whom this particular experience has been reserved Is Private 15. It. D. Turner, of the Canterbury section of the .Main Expeditionary force. It happened this way; On August 7 of this year word was received that Private Turner had been killed in action at the Dardanelles. In due course Mr Salter was instructed by the executor (Captain G. T. Clarke, of Lyttelton) to make an application to the Supreme Court for probate of the supposedly dead soldier's will. The order was made on September 25. On September 30 a- cable was received from the Base Records Office stating that conflicting reports regarding Private Turner were being received, and -suggesting that further action regarding the will should be suspended. Probate, however, had been granted as stated. To-day further cable advice was received to the effect that Private B. 11. D. Turner, 5/804, previously reported killed in action, was further reported as having entered a hospital on September 8 suffering from enteritis. This report- shows that Private Turner did not enter the hospital for more than a- month later than the date on which the previous report stated that he had been killed. Consequently, although he was in hospital at the time the Supreme Court at Christchurch was adjudicating upon hi-s will, he certainly was not dead, and consequently not within the jurisdiction of the Court. If Private Turner should fortunately survive, ho will have one good story more than his comrades to tell of the dangers of war.