A DISPUTED WILL.

Lyttelton Times, Volume CXVII, Issue 17100, 24 February 1916, Page 10

A DISPUTED WILL.

ADOPTED CHILD'S CLAIM. ACTION AT SUPREME COURT. The hearing of tiie notion brought by Airs Mary Lydia Marshall (Air Raymond, K.C., and Mr AYilliams) against the Public Trustee (Air Beswiek), and Alexander Duxbury (Air 10. T. Harper) to Revoke the probate granted on the will ot the late Thomas Whitfield, farmer, Robinson’s Bay, on the ground that tlio testator was not* ol sound mind when executing the will, was continued vosterdav at the Supreme Court before li'is Honor Air Justice Denmston. Plaintiff, the adopted daughter of the deceased and his wile, sought to set aside the last will of the deceased, under which she got a life interest m seventeen acres of land, in favour ot ■m earlier will, under which she rereived tweulv-seven acres, absolutely, \ruiie Honicrsliani; married living m Christchurch, said that in 1910 she kepta nursin'* home, practically a private mental hospital. The late Thomas Whitfield'entered the home in June or that ve.ar and stayed there for about seven ’weeks. His mind was very disturbed and be bad many, delusions. Witness considered. >t a chrome case ami' asked that, he should be taken

a wav. „ .-r Caroline Bailey, of Akaroa, widow, said that she knew the late Thomas Whilfiel.'l for very many years. In 1903, she. with her husband, went to Eii'dand via America. At Fiji Whitfield joined the ship He often spoke to witness highly about, plaintiff and said that without her he must have died long ago, He also spoke well of his prospective son-in-law He added that his daughter (the plaintiff had been so good to him that she would have all lie Ictu Ellen Maria Marshall, matron-in-cliarge of the Curraghmore Home, said that she had eighteen months’ nursing experience in the Christchurch Hospital. In January. 1910, she went ■to Robinson’s Bay. to her brother’s place and stayed there till the beginof Anril. She made the ncquaintanne of Whitfield, who she saw constantlv. He was not mentally normal. Witness cave evidence of delusions of the deceased. William Kopplo said that he knew the late Thomas Whitfield for over twenty years. Deceased thought ■“ that the sun shone.” on his adopted daughter, and called lier wonderful. Witness told of a visit to Christchurch paid by deceased, who then said that he was going lo alter his will and that “the people at the Bay (Robinson’s Bay) would be disappointed.” Richard AV. Shepherd, constable. stationed at Akaroa, said that Whitfield continually complained to him of being niuioyed. but inquiries proved that such complaints were groundless-. Ultimately, witness warned the Alarshalls

that deceased wanted looking after. Richard Walker Anderson, medical practitioner, said that he luid read the evidence of '.Dr Afacreadv, taken, in Queensland, and in witness’s opinion Whitfield must have been' suffering from senile dementia. One result of such dementia was often a violent and unaccountable dislike to persons to whom the patient had been attached and on whom he depended. This closed the case for the plaintiff. Air Beswiek opened for the Public Trustee. He said that the practical effect of the testator’s last will was that the Duxburys acre preferred to the Aiarshalls. At no time did the testator seem to regard the plaintiff as he would have regarded a natural daughter. The 100 acres were never intended for her. William Davy Wilkins. John R.

With am, T. E. Taylor and Harry W. Wiuton gave' evidence as to the signing of Whitfield’k will at Akaroa in 1910 inutile office of the local agency,of the Public Trust office. Nothing was noticed strange about the testator's behaviour bv any of these witnesses Henry Turner said that in January. 1910, he was chief clerk in the Public Trust Office, Christchurch Whitfield called regarding alterations to his will. Witness made lead' pencil alterations on a carbon copy of the earlier will, until testator was satisfied. Whitfield’s condition appeared to be normal. He seemed to be in' a hurrv to have the will completed. William Morgan, brother-in-law of the testator, said that Whitfield uas all right mentallv till April. 4910, and miite‘canaille of managing his affairs. John William Hayward, Presbyterian minister at Akaroa. gave evidence thsiu the Tate Thomas Whitfield was a member 0 f the church. So far as witness know. Whitfield’s mental condition was normal. He was able to discuss current events intelligently. At 4.‘20 p.m. the Court adjourned to 10 a.m. on the following day.