COURT NEWS

Grey River Argus, 17 October 1936, Page 12

COURT NEWS

DOCTOR’S £lO,OOO BEQUESTS. TO ENGLISH HOSPITALS. WIDOW WINS CLAIM. (Per Press Association). TIMARU, October 15. Estate valued at £lO,OOO, bequeathed by Dr. Douglas Dixon Dryden, of Timaru. to two English hospitals, was the subject of a ease heard by his Honour. Mr Justice Northeroft in the Supreme Court, at Timaru. The testa-tor. who died on December slh, .1935, was survived by’ his widow and a niece.

Under the will, the testator left the whole of his estate to his wife for life, provided that she did not re-marry, or to :i child of which he was the father, on her marriage. If no child were born, the estate was to be given to the Westminster. South Devon, and East Cornwall, Plymouth Hospitals at his wife’s re-marriage. Provision was made for the endowment of beds in the children’s wards of the institutions, under the names of relatives.

Jean Burnett Dryden, widow of the testator, claimed that the will dated August. 20th, 1934, was not executed iu accordance with the provisions of the Wills Act, 1837, in that the signature made by Dr. Dryden was not made or acknowledged by him in the presence of two or more witnesses present at the same time, us required by section 9

The plaintiff asked for revocation of the letters of administration of the alleged will granted to thg .public Tustee. aud for the declaration of it to be null aud void. The plaintiff further asked the Court, to pronounce that Dr. Dryden died intestate.

The defendants were the Public Trustee of New Zealand, a.- administrator, and Westminster Hospital, London, and the Prince of Wales Hospital, Plymouth, England, in which is now merged the South Devon and East Cornwall Hospital, England, as residuary legatee. The defendants denied categorically, all allegations in the statement of claim.

William Palmer, builder, of Timaru, said Dr. Dryden telephoned him, saying that he wanted to see him on an important matter. The doctor told the witness that lie wanted' him to witness his •will. Thomas Foden, a retired builder, was present when the witness arrived, and the doctor said that Foden had already witnessed the will and' that he wanted the witness to sign. The doctor called Foden to the front door ami let him out, afterwards getting the witness to sign the second page of the will. When the witness asked if it was in order to sign wh<n Foden was absent, the doctor said fha* it was. as Foden had already appended his signature.

Fodeu, in evidence, said that while visiting the doctor one afternoon, the doctor asked him' to sign his will, which he did. The doctor’s signature was attached to the will, which contained no others. The witucss appended his name twice to the document. No one else was present. His Honour found that the will was not properly attested and made an urde r for the revocation of the letters of administration and pronounced against the will, ordering the costs of the parties to be paid out of the estate. TIPSY MOTORIST. DUNEDIN, October 16. A remarkable series of accidents sustained by Allan Leslie Steven, over a period of years, was a plea put forward by counsel in the Police Court, to show that the defendant’s powers of resistance had been weakened. Steven was charged with being intoxicated when in charge of a car. The Magistrate held that accused was not so abnormal as to merit very exceptional treatment, and sentenced him to three weeks’ imprisonment. Counsel stated that- prior to the war, accused was thrown from a cycle sustaining a head injuy. At fhe war, he was injured in a railway accident, suffered gassing and shell-shock at Ypres, was knocked down by a motor in France, had trench fever, and after discharge was knocked down by a car in Invercargill, being unconscious for days. A doctor definitely held that accused had some cerebral pressure. weakening his powers of resistance. ASSAULT CHARGE. AUCKLAND. October 16. A sequel to the assault made upon

Alfred Cooper, an elderly apartment, house keeper, by two men, who entered his room on Tuesday night, two Maoris, James Toko, 32, labourer, aud Poa Thomas. 27. labourer, were charged at the Police Court, with -assaulting Cooper with intent to rob him. On the application of the police, they were remanded until October 23rd. Counsel appeared for both accused.