WILL DISPUTE

Evening Star, Issue 22773, 7 October 1937, Page 20

WILL DISPUTE

AGED FARMERS ESTATE RECALL OF PROBATE SOUGHT Further evidence was heard in the Supreme Court yesterday in the case in which .Elizabeth Owens, of Christchurch, a step-daughter of the late William Journeaux, of Waihouaiti, ■ sought (1) the recall of the granting of probate in his estate to Honoria Agnes White, who acted as his housekeeper; (2) a declaration that a will made previously in favour of Mary M'Lean, another housekeeper, was inyalid; (3) the granting of probate of an original will (in plaintiff’s favour) to John Thomas Walter as original executor. The grounds of Mrs Uwcns’s action were a Jack of testa-mentary-capacity and that undue influence was exercised upon the testator. Mr F.’ D. Sargent, of Christchurch,, with him Mr M. Joel, appeared for the 2>laintiS ; Mr F. M. Hanan for Miss

M'Lean; Mr J. M. Paterson and Mr G. B. P. Wilson, for Mrs White; and Mr E. J, Anderson for Mr Walter. Samuel Cuthbert GourLay, undertaker, said ho was instructed by Mrs White -to insert the testator’s death notice in the; papers. His age was given as 96. Patrick M'Carthy, a storekeeper at Waikouaiti, said ho had known the ■ testator since 1921. While Miss M'Lean was his housekeeper witness saw him *on a number of occasions. Later, when Mrs White took oyer as housekeeper, she said that she did not want him to call for orders. “ You needn’t come back—we don’t want anyone here,” were her words. Witness had found that the testator could not discuss much with him, as he did not seem to be able to express himself, and Miss M'Lean did the buying. In the Last year or two in which witness called at the house ho could not make the old man understand him very well. The testator had a car which (through Miss M'Lean) he offered witness for £3O. Witness declined to take it, as they did not know its value. The price was then reduced to £2O, and subsequently to £lO.. It was sold later tor £75. , To Mr Paterson: The testator was not lit to do any buying while witness knew him.

Mrs Owens, the plaintiff, said that her mother had told her that both she and the testator had put their ages down as considerably less than they actually were when they were married in 1908. Giving an indication of her step-father’s mental state after her mother’s death, witness said that ho actually asked her to marry him. He became childish, and did not seem to Know what he was doing. Witness left shortly after and did not see him again until 1926, and he was then much the. same as in the previous year. Strangers had difficulty in understanding him. In 1935 it-was difficult to realise that he was the same man. Mrs White said that she was his mouth-piece. She appeared to have an influence over him, and he seemed to have no will of Ids own. He often referred to being in the Crimean War. To Mr Paterson; Witness denied that there was any bargaining between her and Miss M'Lean, or that she promised Miss M'Lean a substantial sum if she would not enter a claim. Clement Charles Palmer, a farmer, of Waikouaiti, said he was personally acquainted with the testator since 1929. He did not. strike him as a man capable of looking after his own affairs. After Mrs White became housekeeper he was refused admission to the house, although he had been in

the habit of -keeping the old man company for years. Albert Joseph Lee Horn dell said he had known the testator for 32 years prior to his death-, first at Gimmerbnru and later at Waikouaiti. In 1921 and later fie regarded him as completely in possession of all his faculties, but when he saw the testator in 1934 he seemed an entirely changed man. He did not seem to know or understand anything. Wallace James Willcock, a carpenter, of Waikouaiti, said ho knew the testator and his wife. From the time of his wife’s death Journcaux gradually became worse in physical health and his memory deteriorated. He related incidents just prior to the death of the testator’s wife and gave evidence of the testator’s personal appearance. < He would not deny that Journeaux was in the full possession of his faculties in 192 c. To Mr Wilson: V: iincss’s friendship with the people at the Journeaux cottage came to an end when a proposed marriage of the testator to Mrs White was mentioned to him by Mrs White. He reminded her that she al-ready-had a husband living, and the old man resented it very much. Witness suggested that Mrs White had not been normal for years. Witness was cross-examined at length with respect to his dealings with the testator, and was still in the box when the court adjourned until this morning.