SPINSTER'S WILL

Manawatu Standard, Volume LXII, Issue 99, 26 March 1942, Page 6

SPINSTER'S WILL

WELLINGTON, March 26. An appeal by the Public Trustee against a judgment of Mr Justice Blair, delivered in Palmerston North in May, 1941, pronouncing against the force and validity of the fast will and testament of Helen Elizabeth McLean, spinster, late of Eeilding, bearing date May 11, 1940, was heard by the Court of Appeal yesterday. The Court comprised the Chief Justice (Sir Michael Myers), Mr Justice Kennedy, Mr Justice Callan, and Mr Justice Northeroft.

Mr H. R. Cooper (Palmerston North) appeared for appellant, and Mr A. M. Ongley (Palmerston North), with him Mr J. Graham (Eeilding), for Florence McLean Colquhoun, married woman. Feilding, who had acted as Miss McLean's attorney, and who was a beneficiarv under an earlier will.

Appellant stated that he was the sole' executor named in the last will of Helen Elizabeth McLean, who died in Eeilding on September 2, 1940, and asked the Court- to decree probate of the will to him. The appeal was opposed by Florence McLean Colquhoun, wno denied that the Public Trustee was.sole executor of the will, and declared that the will propounded bv him was not duly executed according to tho provisions of the Wills Act, 1837. At the time the will purported to have been executed, she continued, deceased was not of sound mind, memory, and understanding, and did not know and approve of Its contents. It w-as further claimed that the will had been made and execution procured by the undue influence of Thomas Eraser Nolan, Aorangi, farmer, and his daughter, Uila Marion Nolan, the residuary beneficiarv under tho will. Mr Justice Blair in an oral judgment, said that the whole of the circumstances of the executions of the wills dated March 9 and May 11, 1940, were, to his mind, highly suspicious, and he felt confident that had testator been of sound mind and understanding, and aware of the contents, they would not have been signed. "I have my gravest doubts as to her having testamentary capacity when she signed these wills," His Honour continued, "and I pronounce against the will ot May 11 on the ground of want of testamentary capacity. The earlier will was not before the Court, but 1 would have been prepared, on the evidence I heard, to pronounce against that also." Legal argument by Mr Cooper, on behalf of the Public Trustee, lasted throughout yesterday, and will be resumed to-day. The estate is valued at about £2ooo.