STRANGE WILL CASE

Gisborne Times, Volume LXXI, Issue 11324, 30 September 1930, Page 7

STRANGE WILL CASE

"BOOTS” LEAVES .£5890

UNDUE INFLUENCE ALLEGED

A. strange will case has come before the Court in Melbourne.

On May 24 last John. Boyle, who had been employed as “boots” at the Warmambool Coffee Palace for more than 40 years, died leaving an estate valued* at £SS9O. Some time after his death Joseph McKane, a nephew, applied for letters of administration, with the will annexed, of the estate of Boyle. McKane said that the will, winch bore no date, had been found by himself behind some lining-boards in the room occupied by Boyle. It was witnessed. by George Dorfield, who, like McKane was employed at the Nestles Milk Factory, and Harry Gorfinc, a tailor, or Warrnambool. Under the will two-fifths of the estate were left to Jeannie Taite, a niece, who lived in Londonderry, Ireland, and tkreefiftlis were left to Joseph McKane.

Letters of administration were granted by the registrar of probates, hut later a caveat was' lodged on behalf of William John Boyle,'of Londonderry a nephew of testator, and a brother' of .Teannie Taite. An order nisi calling upon the caveator to show cause why the will should not be admitted to probate was taken out,and the matter came on for argument before the Court in Melbourne on September 3. The grounds of the caveat- were that, the will was not executed by John Bogle; that the will was not executed in conformity with the M ills Act-or-with law; that the will was procured bv, and was the result of undue influence exercised upon .Tolm Bogle who did not know and approve of °its contents. George Dorfield, in evidence, said: I had known John Bogle for about, two and a-lialf years. One evening about 8 o’clock he asked me whether I would witness his will and whether I would brin°' a particular friend with me. I brought Harry Gorfine to the room at the Coffee Palace. Testator signed it and we witnessed it. Harry Gorfine. in evidence, said that; he witnessed the will. It was about.l-'-months ago. Joseph McKane, in evidence, said: I had been friendly with Bogle, and I had attended to his correspondence : n my youthful days. He sent Tor mo one day and said, "Do you ltnow anything about making a will ” I said' that I did not, but that I would “have a shot at it.” He said., f ‘l want to make a will leaving two fifths to Jeannie Taite.' a: niece in Ireland, two-fifths to myself, and two-fifths to another niece.” I said, <f cannot have six-fifths,’ arid he said, “Yes, you can: you do not know how much money I have got.’’ I put five matches oil the table and showed him that it could not. bo done. lie then said, “Very well, Wo will leave the other niece out. She has never done anything for me.” He said several times that if he left, me everything he would not; Tepay for all the kindness that I had done him. "When he died I made a search for a will and I could not find it Counsel: In consequence of something you hoard you went, to lijs roomP -v . .

Mr. McKane: Yes. I got permission from Mrs Robins to go in, and I noticed one of the lining-hoards on the wall bulging. We got a chisel and put it on the end of a piece of piping, and Mrs: Robins levered the board up, whild I' took out a paper parcel'containing the will. The will was in a cigarette tin. I . took the document to my solicitor. ' The hearing of the case was adjourned.