HURLEYVILLE WILL CASE

Hawera & Normanby Star, Volume LXIX, Issue LXIX, 17 March 1915, Page 5

HURLEYVILLE WILL CASE

SUPREME COURT JUDGMENT.

BY TELEGRAPH— PEESS ASSOCIATION WELLINGTON, March 16. The hearing of a Taranaki will case was concluded to-day by Mr Justice Chapman. The disputed will was that of Thomas Francis Walsh,, of Hurlevville, farmer, and the value of the proSanm'kw ertiinated at about iBWO. Plaintiffs were uncles on the paternal side and defendants tlie uncles and aunts and grandmother on the maternal side of the deceased. Several ot them were residents of County iverry, Ireland. The will in question was made just prior to the departure of deceased from his farm by motor to New Plymouth Hospital. He died on xhe way; The document was in the following terms:—"Norfolk Road, 25th *f b™aJy, 1913- Thomas Francis Walsh. Statement.—ln case anything should happen to me on my way to the hospital, I leave all my estates arid stock to my uncles and "aunts, except my interest in the Norfolk Road Farm, which goes to my.partner, Ernest WiP Ham Gibbs, and fifty pounds is to go to Mrs Allen for her trouble during my illness. Thomas Francis Walsh (mark), witnessed by Ernest William Gibbs, T. J. Allen, Mrs T. J. Allen.

Plaintiffs claimed that the court should pronounce for the will as constituting the true last will of the deceased. For the defence it was urged that the court should rule that the deceased died intestate.

Evidence of two of the signatories to the will, Ernest William Gibbs- and Marion Allen, was taken, also of two handwriting experts to show that the two last signatures to the will were in different hands. The contention of the defence was that they were by one and the same hand. Deceased was unable to sign through physical weakness. The jury found that the document bad been satisfactorily proved to have been executed by the testator as his last will, and his Honor- ordered probate to be granted, the costs of both sides to come out of the estate.