A DISPUTED WILL.

Hawera Star, Volume XLVI, 28 June 1926, Page 11

A DISPUTED WILL.

SIGNED AFTER OPERATION. (by TELEGBaPH PRESS ASSOCIATION.) WELLINGTON, June 28. A ease involving bequests under a will totalling £38,483 was heard before Mr Justice McGregor in the Supremo Court, the parties being the Public Trustee (plaintiff) and various relatives of the deceased, James Gray, of Plimmerton. Plaintiff, as the -executor, asked tho Court to declare probate. The defence alleged that the will was not executed in accordance with statute, but that at the time it was purported to be executed deceased was not of sound mind, memory, or understanding, and did not know of the contents of the will, nor approve of them. 'The bequests included £2OOO to Christina Gray, £ISOO to Arthur Sims, £SOO to the Salvation Army, and £SOO to the Hutt County Council for a tennis, bowling and croquet court at Plimmerton. The remainder was divided in three shares between the Wellington P’esbvterian Orphanage, the Lower Hutt Anglican Boys’ Homo and. the Wellington Home for the Aged'and Needy. For plaintiff, Sir John Findlay said that the deceased, who was 63 years cf age, was suddenlv taken ill on August °lB, 1925. Deceased’s sister was asked to take note of his testamentary wishes on the same night- that deceased was taken to hospital m -Vei-ling-ton, where he was found to be .suffering from appendicitis. An officer ol the Public Trust drew up the will in acordancp with the sister’s note, with alterations endorsed by the deceased, who signed the will 12 hours after the operation. Deceased gave every sign that he was quite intelligent, and the officer had no doubts.