DISPUTED WILL

Gisborne Times, Volume LXXIII, Issue 11955, 27 May 1933, Page 5

DISPUTED WILL

Three sisters contest FATHER’S ESTATE

ALLEGED UNDUE INFLUENCE

DOCTOR'S OPINION •(Press Association) WELLINGTON, May 26. Evidence was continued in the Supreme Court yesterday in tile case in which the 1928 will andl two codicils of the late George Glover, of Wellington, are being disputed. Applications for probate of the will and codidds by Edith Soph hi Galbraith, widow, and Albert Alexander Wylie, solicitor, as executors of the estate, is opposed by Grace Areline Duuu, widow, and Jane Helen Cowes, manned woman, both of Wellington, on the grounds that the testator lacked testamentary capacity, and that he Was subjected to undue influence. Thc case for Airs Dunn was stated by her counsel, Air Watson, who said the defence depended largely, if not mainly, on thc evidence of Glover’s medical attendants. Counsel referred to the fact that it had been disclosed that in three years Glover made nine wills and four codicils. On the question of undue influence, relianco was placed on (1) the admitted facts as to Airs Galbraith living alone with the testator during the whole period! of the will-making activity; (2) the admitted facts, and facts to TjcLprovcd, as f° the weakness of the testator’s condition; and (3) tho fact contained iu the wills that during the whole period of Airs Galbraith’s residence with the testator alone her benefits liucreased progressively. His ’Honor, Sir Michael Alyers, observed that the charges of undue influence, coming from two sisters mho were themselves trying to obtain benefits from a man at a time when they now said he had no -testamentary capacity, must be carefully looked at, and strjctly proved. If they were not proved there were ways and* means of indicating what tlie court thought of the matter, whatever the result might be.

Mr Watson said he was not suggesting his client was immaculate in the matter. Whatever his client might have desired, though-, his submission was that Mrs Galbraith succeeded in getting what she desiredJames Sands Elliott, a medical practitioner, giving evidence of tho physical and mental condition of the late Mr Glover, said that in his opinion, Glover was susceptible to suggestion or influence lip. tlio latter years of liis life. It would have been a- very easy matter for Mrs Galbraith to have influenced lier father. Shq had to look after him, and nurse and mother him. Whether she abused her influence, witness did not know. Dr. Elliott said he knew that the deceased’s memory was defective and his brain diseased, his understanding being l'imitod to that of a young child Harry Edward Gibbs, another medical practitioner, said that in July, 1928, Glover was definitely an old and! feeble gentleman, cfiild-I'iko and amiable, and was definitely mentally deficient when witness was first called in. Tlie liearing was adjourned.