UNUSUAL ACTION.

Manawatu Standard, Volume LIV, Issue 88, 13 March 1934, Page 7

UNUSUAL ACTION.

MAKING OF A WILL. Per Press Association. CHRISTCHURCH, March 12. An unusual type of action was commenced in the Supreme Court to-day, when a married couple claimed that, although they had looked after a man for years on the understanding that he was to make a will in their favour, he died without doing so, all his estate going to another beneficiary. Plaintiffs were William Alfred Turner, of Christchurch, railway emi>loyee, and his wife, Meanetto Turner. Defendants were the Public Trustee a.nd Elizabeth Mclntosh, widow, of Dunedin.

The claim set out that the Public Trustee was the executor of the will of the late James McVicar, of Christchurch, deceased, and that Mrs Elizabeth Mclntosh was the sole beneficiary. William A. Turner, one plaintiff, was a cousin of the late James McVicar. For some time the parties lived in Greymouth, removing to Christchurch m 1931. Mrs Turner in evidence said McVicar had always referred to their place as home. His health was poor, and ho was nearly always in bed. On the advice of Dr. Curry, who attended McVicar, she had refrained from obtaining the assistance of a solicitor and asking McVicar to make a will, as the doctor said this might make his condition worse.

Dr. Curry in evidence said he had dissuaded Mrs Turner from asking McVicar to make a will. He was desper-, ately ill, and broaching such a subject might have been harmful. The hearing was adjourned until tomorrow.