A WILL DISPUTED

Evening Star, Issue 22192, 21 November 1935, Page 13

A WILL DISPUTED

ALLEGATIONS OF UNDUE INFLUENCE THIRD DAY OF HEARING Hearing was resumed before His Honour Mr Justice Kennedy in the Supreme Court to-day of the case in which opposition is being made to an application for a grant of letters of administration in solemn form in the estate of John M'Nickle, a retired farmer, who died last year in Dunedin at the age of 9 * years. The executors of the will had declined to apply for probate, and the proceedings for administration wore brought by Sylvia Godfrey, an unmarried woman, of Wellington, who is one of the beneficiaries under the will. The granting of the application is being opposed on the ground that the testator was of unsound mind at the time the will was made, and there was also an allegation that the execution of the will was obtained by undue influence being brought to bear upon him. Messrs J. S. Sinclair and B. D. Jamieson appeared for the plaintiff (Miss Godfrey), and the defendants were represented as follows;—James M'Nickle and Annie M'Nickle, of Ireland, and Mary Wassell (Mr A. N. Haggitt), Verna G. Livingston (Mr C. L. Calvert, Eva M'Nickle (Mr F. B. Adams), Robert Livingston, Alma Clara Livingston, Elizabeth Scott, and George Livingston (Mr F. C. Dawson). Mr Dawson also appeared for the trustees, Alfred Miller and Donald Hutcheon, who, he stated, would take no part in the proceedings, , and would abide by the decision of the court. Mary Wassell, one of the defendants, stated in evidence yesterday afternoon that she first met M'Nickle five years ago when her husband rented the top rooms of his house. She seldom spoke to him at this early stage. George Livingston lived with him until January, 1933, and then for a few months M'Nickle lived by himself, cooking his own meals. Then an arrangement was made by which she looked after him and lived rent free in the house. He died in October, 1934. He never had any discussion with her regarding his property or the making of a will, but she remembered him being very angry because Dr Evans had said that he was not fit to make a will. On another occasion Dr Dunlop took him away, and she was informed that ha had been to the Perpetual Trustees. M'Nickle never made any gift to her. M'Nickle once told her a few weeks before his death, that she might get a surprise some day. He often said that she looked after him very well. It was shortly after his death that she first knew that she was mentioned in the will. Up to the time of his death no one accused her of trying to influence him. It was only a few days ago that she first heard that such allegations were made against her. She never attempted to influence him in any way as to what he should do with his will. In answer to Mr Dawson witness said that M'Nickle often lost money, though he never told her that he had lost large sums. She never prevented any of his relatives from seeing him. She denied saying that Lindsay was a rogue or suggested that he might put them out of the house. She refused to give bank books to Lindsay because M'Nickle told her not to hand them over. She could not say how long afterwards it was that she did hand over two books upon M'Nickle’s instructions. She denied telling Lindsay that a friend in a solicitor’s office advised her to hand them over. This morning the third day of hearing commenced, Mrs Wassell answering further questions by Mr Dawson. She said that when he took ill for the last time she did not advise his relatives because she did not know where they were. She did not remember his. ever complaining to her that she owed him money. Evidence was also given by Rita Wassell, 16} years of age. Ernest J. Wassell. a labourer, said that in August, 193-1, M'Nickle asked him if he knew a lawyer. He said that lie only knew Messrs Duncan and MacGregor, and the old man said: “They will do me.” When Mr Holland, of

that legal firm, came to the house his discussion with Mr M'Nickle did not take place in the / presence of aqy members of the family. He did not know till a week after M'Nickle’s death, that he had left the house to Mrs Wassell. In reply to Mr Haggitt, witness said that on one occasion he went home and found M'Nickle lying on the floor of his room. The gas was turned full on at the gas ring, and the old man was unconscious. Witness and his son lifted the old man on to the bed after turning off the gas, and sent for Dr Dunlop. M'Nickle was cared for well by Mr* Wassell. To Mr Dawson witness -said he did not know the reason of Mr Holland’s ' visit to the house. He knew nothing of the old man’s affairs, nor did his wife as far as witness knew. His wife did not discuss with witness tier knowledge of M'Nickle’s affairs, ilo did not know of any other legal _ firm that was approached in connection with th* making of the will. Marjorie J. Brennsell, of Waitsti. said she had worked for Mis Wassell about May of last year, the was mere for about four months at different times, and came to know Mr M'Nickle when she was working there. ’ She did not hear M'Nickle’s age till she had been there some time, and she was surprised, because M'Nickle was so bright, alert, and happy. He teemed to ee treated well in the house. He told witness that Mrs Wassell treated him very well, and that he did not know what he would do if she left him. To Mr Haggitt; She would describe M'Nickle as a man who knew exactly, * what he was doing. ■ Evidence was given by. Samuel Brown, butcher, "who said he had known M'Nickle for_ some years. Describing a conversation with M'Niekle six months before his death, witusst said the old man was very “ wide 'file case was proceeding this afternoon.