Late Sir George Hunter’s Will

Horowhenua Chronicle, 8 October 1931, Page 3

Late Sir George Hunter’s Will

CASE BEFORE APPEAL COURT WELLINGTON, Last Night. The hearing of the appeal of Cyril Paul Hunter and Thomas Percy Hunter, trustees of the estate of the late Sir George Hunter, against the judgment of Mr. Justice Reed, delivered last April in the Hunter will case, eominenced before the Court of Appeal today. Lady Hunter and her daughter Elizabeth were named as respondents. On the Bench were the Chief Justice (Sir' Michael Myers), Mr. Justice Adams and Mr, Justice Smith. The trustees last year brought an action for probate in solemn form of the will of Sir George Hunted dated November 16, 1929, with codicils thereto on April 27 and June 27, 1930. Lady Hunter opposed probate on the grounds of want of due execution and testamentary capacity, tftid counter-claimed that the Court should pronounce Against that * will and another dated October 12, 1929, and should pronounce for an earlier will, dated August 21, 1924, afld the codicil thereof of December 15, 1926, After a lengthy, hearing, extending intermittently from ! November 19 to February 20, Mr. Justice Rced / gave judgment pronouncing against the two later wills' and in favour of the will of August, 1924, and the codicil thereto.

By that will the testator, after bequeathing certain legacies and annuities, left all his personal chattels to his wife, together with the net incotne of his estate until her re-marriage, reducible to £ISOO per annum on re-mar-riage. On her death or re-marriage the whole of the residuary estate was left in equal shares for the children of the marriage.

The trustees are now appealing from that judgment. Messrs. Grey, K.C., Cornish and Wilson are appearing for the trustees, and. Messrs. Watson and James for Lady Hunter, and Mr. W. Perry for Elizabeth. When the case was called, Mr. W. Perry, for Elizabeth, said that on July 9 Lady Hunter, in pursuance of the undertaking given by her in the witness box in the Court below, had executed a deed of covenant whereby she covenanted if called upon to pay the child between the ages of 19 and 21 one-tenth of the income of the estate, and after 21 one-half of the income. As the child had been adequately protected under both wills of 1929 and Lady Hunter had executed the deed if the 1924 will stood, the child’s interest was protected whatever might be the result of the appeal. Accordingly he asked leave to withdraw from the case, thereby saving expense to the estate. Leave was given him. Mr. Grey, K.C., for the appellants, was still vopening his case and reviewing a portion of the voluminous evidence when . the Court adjourned until to-morrow.