Testamentary Capacity Of Testatrix Proven

Horowhenua Chronicle, 5 August 1933, Page 2

Testamentary Capacity Of Testatrix Proven

WILIi HELD VALID WiiISLINGTON, Last Night. After a trial lasting throe days, Mr. Justice Ostler has given his decision iu the case of M illiam Ormsby Fisher, of Wellington, labourer, against Charlotte Lynch, of Johnsouville, iu regard to the estate of Elizabeth Archibald, of Wellington, deceased. The action was for the purpose of proving a will executed by the testatrix ou April i, 1933. -Mrs Lynch, one of the principal legatees, in a prior will, dated September S, 1930, had lodged a caveat against the granting of probate in respect to the will, her defence to the plaintiff’s claim being, firstly, that at the time the will was dated, April 7, 1933, testatrix was not of sound mind; secondly, execution of the will had been obtained by the alleged undue influence of plaintiff, Fisher.

In his judgment his Honour held that plaintiff had discharged the onus upon him of establishing to the satisfaction of the Court that testatrix was of testamentary capacity at the time of execution of the will. He accordingly made a declaration that the will executed on April 7, 1933, was valid. Costs were awarded plaintiff.