A WILL CASE.

Lyttelton Times, Volume LXXVII, Issue 9760, 24 June 1892, Page 3

A WILL CASE.

[Fra Fbzss Association.] TIMABU, Junß‘23. ; The Supreme Court has been occupied; for two days taking evidence in an extra-! ordinary will case. A will was drawn npf in 1888 by D. M. Boss, general agent for; the Public Trustee and Deputy-Assignee,' for a man named Bailey. The will gives} half Bailey’s property, which ia not very large, to Boss, with no conditions. Later,! Boss drew up and executed, but did nob file, a declaration of trust that the half left, him was in trust for two families related] to Bailey’s first wife. The suit is, inter, alia, to expunge the bequest to Boss, and * quantity of evidence was adduced that th*( will did not represent Bailey’s expressed! intentions, and that the trust for those' families was improbable, and there was some evidence that the will proved was! not that read to Bailey for his signature.', It was also alleged that Boss took charge of the will, and persistently refuted to read it to the family or give access to it, or, give any information about the property and he admitted that he kept no separate! trust account. The proceedings were com-] plicated by being brought by the widow,; whose personal interests are not affected' by the alleged fraud. The Judge ruled; that she could bring an action without; authority from the other beneficiaries.j The case was removed to Christchurch tor argument.