WILL HELD INVALID

Gisborne Herald, Volume LXVII, Issue 20259, 29 May 1940, Page 9

WILL HELD INVALID

APPLICATION TO COURT UNCONTESTED SUIT An application was made to Mr. Justice Blair in the Supreme Court yesterday to secure a declaration that the will of the late Ann Woodford, made on September 14, 1937, was invalid. The application was not contested and the order asked was made. The plaintiffs were Charles Woodford and John Woodford, Ruatoria (Mr. G. J. Jeune), and the defendants were Linette Lois Woodford, an infant, Waipiro Bay, and Ethel Annie Moeke and the Public Trustee (Mr. J, D. Kinder). Mr. Jeune said that the disputed will was made on September 14, 1937, and the testator died on January 30, 1940. The plaintiffs claimed as beneficiaries and executors under an earlier will, dated July 24, 1934. The defendants were the beneficiaries and executors in the disputed will. The testator executed a transfer by way of gift to the plaintiffs of a half-interest she had in some land, and that interest was virtually the only asset in the estate. The transfer, however, was never stamped or registered, remaining in the custody of a solicitor, because the transferees had not sent the necessary fees. The disputed will, made by a solicitor, was witnessed by two men, who signed the will without being present at the same time, and neither saw the deceased sign the will. She did not acknowledge her signature at any time, and neither of those who witnessed it knew they were witnessing a will.

His Honour held that the disputed will was invalid.