WIDOW DISPUTES WILL

Hawera Star, Volume L, 18 December 1930, Page 6

WIDOW DISPUTES WILL

LENGTHY MEDICAL EVIDENCE. SIR G. HUNTER’S CAPACITY. (By Telegraph—Press Association.! WELLINGTON, Deo. 17. The Hunter case was continued! today, Dr. Hughes Steele being ctioss-ex--1 amine,d by Mr. Watson. Witness .said a conference of the doctors he heard Dr. Giesen express the opinion that Sir George had hot testamentary capacity “at that timie at all.” Witness did not know the legal definition of testamentary eaip- : aetty. He knew the medical side. Witness said the statement was compiled by Mr. Watson as a result of the conference of lawyers and medical men. Most of the discussion was based on Sir George’s testamentary capacity and the legal! interpretation of the word “make” in the attestation clause in reference to the will. At the time witness was under the impression, owing to the bulk of the will, that Sir Geoiige had made a very complicated! will. He was perfectly satisfied in his own mind that Sir George had testamentary capacity under the circumstances and conditions which witness had adopted, hut he was not sure whether this was strictly legally correct —whether Sir George would have had to make a. wi.lk without the help of someone who was conversant with his affairs and knew how he proposed to dispose, of his property, and who could aid his memory. Witness admitted that plaintiff’s solicitor visited him a fair number of times. He came mostly on account of Dr. Gieson’s statement, which rather alarmed witness. Witness denied the suggestion by Mr. Watson that he (Dr. Steele), after having received the certificate from Dr. Giesen, communicated with Dr. Giesen and told him: “The certificate would not' die for Mr.- Dunn.” n Mr. Watson : Isn’t it a fact that- the certificate was in this farm, YVihile it. is obvious that Sir George is unable to transact business he is able to understand the fact of hits signing of the will? Witness: “Nonsense.” Witness declared that he frequently called in Dr. Giesen for consultations, hut he did not like the way Dr. Giesen mixed up medicine and law. If Dr. Giesen had said Sir George had. not testamentary capacity witness would have, stopped the wilt-making at once. Mr. Watson asked 1 if witness knew that Dr. Duncan bad expressed the opinion that Sir George lhad no testamentary capacity while at Rotorua and 'whether, in view of that, he was prepared to say that Dr. Duncan’s evidence was nonsense. Dr. Steele: Utter nonsense. Mr. Watson: Have you had previous experience of testing a. man for testamentary capacity? Witness-: “Not 'previously for willmaking.” He added that he carried cut no specific tests as to the. capacity of Sir George, in that respect, as he was seeing Sir George every day as the eas© progressed. He tested Sir George’s memory for lack of confusion of ideas. After be had been about seven hours in the box Dr. Hughes Steele’s evidence concluded this afternoon, when the court adjourned until tomorrow.