THE WILLS OF MARY THOMPSON

Gisborne Times, Volume XXXV, Issue 3947, 2 June 1913, Page 5

THE WILLS OF MARY THOMPSON

IXTERESTIXG CASE AT XED3ON. [PRESS ASSOCIATION TEUJGRAM] NELSON, June 1. Sir Robert Stout has been engaged at the Supreme Court hearing an interesting case relating to the wills of Mrs Mary Thompson, deceased. In January Mrs Thompson made a will in favor of Johan Albin Ahlstrom, under which he was appointed sole legatee and executor. .A caveat was lodged by the public trustee and Mrs Ada Doddson, an adopted daughter of the deceased person, under a. former will. Probate of the second will was granted on the 10th inst., and Mr. Justice Chapman made a rule nisi to he made absolute unless the caventers showed cause to the contrary. The public trustee now applies for probate for tlie first will and to have the rule nisi discharged. ' Sir John Findlay, K.C., and Mr. E. B. Moore appeared for the residuary legattee under the first will, Mr Moore for the Public Trustee and Messrs Harley and J. Houlker for Ahlstrom.

The .evidence of Mrs Dodson was to the effect that she was adopted by the Thompsons about 25 years ago, and lived with’them until her marriage in 1902, of which her foster parents approved. Her father died m 1910 and for some time she stayed with her mother. Subsequently the latter stayed with the Ahlstroms, her tenants in Nelson, paying them .Later, as she wanted to live with the Dodson’s and it was necessary to securehome nearer town, deceased found £IOO towards this. Witness :noticed 1 that her mother was. growinglv addicted to drink and. endeavored, to check it. Her'mental condition caused anxiety. In January last deceased returned to the Ahlstroms, parting on friendly terms. Witness saw her mother in March, when the latter was in a dazed condition and did not recognise her. Five days after the will in Ahlstrom’s favor made in January, he required money for board, and payment was increased to £2 per week. The first will was re-executed: after her father s death to devise his share to witness. There were various bequests to churches, etc., which her mother wished to cut out; but witness persuaded her to leave them. Her mother left her in January not fit-to make a will, and could not understand things read to !her. . . , Medical evidence was given as to deceased’s indulgence in alcohol and testamentary incapacity while at An - The agent for the Public Trustee cave evidence as to wills prior to that fn -Udstrom’s favor. ' He saw Mrs Thompson at Ahlstrom’s in February when she was not in a condition to make a, will. He would not have done it for her. Her estate was -north £2913. • Other evidence was given as to deceased’s alcoholic indulgence and general incapacity at the time the Alilstrom will was made. ' , , Respondent’s case was a general denial of the evidence led for Mrs Dpd-

S °A medical man called in by *Ablstrom after the last will was made, said he examined Mrs Thompson for her testimony and she wai able pf making a will. He did n t smell or see evidence or liquoi. refused to discuss her property mtn him but he gathered the impression ■ that she meant to give a cottage m which they were living- to Ahfct]t m. He was not informed that she liacl been attended to by other doctors. Ahlstrom, a Swede, who .arrived in the Dominion in 1906, derailed the a rangement on which deceased fiist came to live with them m the house he rented from her. She « Tun" 1911, and stayed till the enci of the year and about three months. ;in 1912. 5 She came again in Januaiy, 1913. and expressed a wish to stay there until she died. She told witness he would- be well rewarded ioi hffkindness to her. He did not knov what property she .possessed Hie f-otCaae, and he thought this cot tage she was bequeathing to lnm^&he Sank to “cess at hi. #»«>• , »> did not tell the relatives . eveherl her former will because ne did not think he was bound to do so He did not tell the doctor lie called in that others, were' attending f t 'Ahlstrom was_. cross-exainined at great length by Sir John driven ' h Corroborative evidence was giv en. *...)>v his wife and the hearing was adjourned. ' ■ '