A WILL CASE.

Lyttelton Times, Volume CXVI, Issue 16807, 17 March 1915, Page 7

A WILL CASE.

[Per Press association.] WELLINGTON, March 10. The hearing of a Taranaki will caso tvas concluded to-day by .Mr Justice Chapman. The disputed will was that of Thomas Francis Walsh, of Hurleyville, farmer, and the valuo of the property left was estimated at about '£Booo. The plaintiffs were uncles of tho deceased ou the paternal side and the defendants tho uncles, aunts and grandmother on the maternal side. 'Several of them were residents of County Kerry, Ireland. The will in question was made just prior to the departure of tho deceased from his farm by motor-car for the New Plymouth hospital, and he died ou the way. The document was in the following terms: •—"Norfolk Road, February 25, 1913. Thomas Francis Walsh, statement — In case anything should happen to me on my way to the hospital, I leave all my estates and stock to my uncles and aunts, except my interest in the Norfolk Road farm, which goes to my partner, Ernest William Gibbs, am} 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." The plaintiffs claimed that the Court should pronounce for the will as constituting the true last will of deceased. For the defence it was urged that' the Court should rule that the deceased died intestate. The evidence of two of the signatories to the will, Ernest "William Gibbs and Marion Alien, was taken, also that of two handwriting experts, to show that the two last signatures to the will were in d’ffnrent hands. Tho contention of the defence was that they wero bv one and the same hand. The deceased was unable. to sign through physical weakness. In case the will was invalid t l, o property would go to the deceased’s next of kin, his grandmother in Ireland. *

The jury found that the document was satisfactorily proved to have been executed by the testator as his last will, and his Honor ordered that pro--bateio granted, the costs of both sides rto come put (A the estate.