A WILL DISPUTED

Evening Star, Issue 22195, 25 November 1935, Page 15

A WILL DISPUTED

LITIGATION OVER OLD MAN’S ESTATE ALLEGATIONS OF UHOUE INFLUENCE Hearing was resumed before His Honour Mr J notice Kennedy m the Supreme Court this morning of the case in which application is being made for letters of administration in solemn lorm in the estate of John M'Nickle, who died in Dunedin last year at the age of 94 years. The application is being made by Sylvia Godfrey, a single woman, of Wellington, who is one of the beneficiaries. Opposition is being offered on the ground that the testator was not of sound mind, memory, and understanding when the will was made, and it was also alleged that undue influence had been brought to bear on. the old man when the will was executed. Details of a previous will made with the Perpetual Trustees and Agency Company were given by Alexander Frederick Lindsay, who continued his evidence from Friday. When the will had been made, said witness, M'Nickle asked whether it prevented him from making presents to anyone if he wished to do so. When asked if there was anyone he had in mind to, whom he willed to make a present, the testator replied tiiat he could not think of anyone at the time! Shortly afterwards, when he visited witness, M'Nickle could not remember the provisions of that will. Some time later, when M'Nickle visited witness, he appeared to be worried and stated that ho had signed two papers for “ those people in his house ” to draw some of his money from the bank. He said afterwards that “that woman in his house ” had his bank books. It was some time later, witness added, that, the deceased gave him ■power of attorney to assist him in conducting his financial affairs. About this time M'Nickle repeated a previous statement that the people in his house were worrying him about an account of £9O for alterations. Witness had never been able, however, to find out what those alterations were. On one occasion, after M'Nickle had come to him in an agitated state, witness went out to the house, where Mrs Wassell informed him that M'Nickle had put his financial affairs in her hands. She refused to produce the deceased’s bank pass books, and when witness asked her whether she had any accounts for M'Nickle he was told to mind his own business.

AVitness detailed further incidents and said that Holland called on him and said he had a notice for witness. It was a notice signed by Mr Al'Nicklc revoking the power of attorney which witness had had. (Holland said he had seen M'Nickle at his house. Holland asked if witness had a will, and witness replied that it Was in the care of the Perpetual Trustees Company. He asked witness to get it for him. Witness asked Holland if his employers knew of the matter, and Holland replied that he was attending to it on his own account in the meantime, things were going to be changed, said Holland, and if the people in the house started any ‘‘ monkeying ” they would be “fired.” After seeing Mr F. Duncan, of Messrs Duncan and Al'Giegor, witness went to the Magistrate’s Court to see if ho could have Mr M'Nicklo’s affairs placed in trust, and later he saw the Public Trust Office. Ho next gave an instruction for an application to be made under the Aged and Infirm Persons’ Act. Witness had never refrained from giving any information asked for to Mr Al'Nickle. He had never asked Air M'Nickle for any money and had never actually handled any of his money. lo Mr Sinclair, witness said he had never suggested to Air M'Nickle that he should be a trustee under the will. At the Perpetual Trustees Company, the old man was asked if there was anyone ho could suggest for a trustee and he pointed to witness and said, ho will do.” When witness took over the power of attorney he had no desire to make anything out of the old man or to receive anything in return for his actions.

Evidence was given by Jessie Mabel Hutcheon, and the case was proceeding this afternoon.