Wills Of Late H. J. Babe Contested In Supreme Court

Northern Advocate, 4 July 1939, Page 5

Wills Of Late H. J. Babe Contested In Supreme Court

ISpecial to “Northern Advocate ”] AUCKLAND, Monday.

Three wills and three codicils left by the late. Henry James' Babe, retired farmer, of Whangarei, were the subject of an action before Mr Justice Ostler in the Supreme Court today to determine which should be admitted to probate. - ■=>■ The estate concerned was said to be valued .at £IO,OOO, and consisted of houses, flats, a piece of farm property, a motor car and money, in the bank, the estimated income being between £lO and £l2 a week.

Action was taken by Mr James F. S. Briggs, solicitor, of Whangarei (Mr Henry), against the beneficiaries, who included tire widow (Mr A. K. North), three residuary beneficiaries (Mr R. C. Connell) and two infant nephews (Mr Urquhart). > r The widow 1 and Messrs P.. P. Skelton and G. H. Skelton (executors and trustees named in the first and third wills) claimed that between February and November, 1938, during which time three codicils were added to the second will, the testator had no testamentary capacity. One of these codicils purported to revoke all other wills and codicils other than the will of February, 1937, the second' /will, which made the plaintiff, J. F. S. Briggs, sole executor and trustee. Plaintiff’s Case. ‘

Mr Henry said that testator died on January 1, 1939, at the age of 75 years, after having been for some time in hospital suffering from a progressive paralysis of the mouth . and tongue. He could not then speak, but could write, was able to move about, and was mentally normal. • It was at the time he was thus afflicted that the contested codicils were made. The differences in the wills did not affect the widow’s benefit of £8 .a week, but there were questions of other benefitsin which the wills conflicted. The testator left no children.

Dr. Walker's Evidence. Dr. George Walker gave evidence, that Mr Babe was in his hospital for some weeks prior to death;. and during that time he showed no sign of mental incapacity, though he was physically much emaciated on account of the paralysis of the mouth, necessitating fluid feeding. To Mr North, the witness maintained that at all times to the day of his death, Mr Babe appeared to him to be of his usual mentality, though witness had never had any reason for testing the patient’s mentality. - • ’•’’:,4 Muriel Rodie * Saunders, qualified -3 nursing sister, and matron in Dr. Walker’s hospital, testified t 0... signing./|l three codicils, and said Mr Babe, at the time, .and up to the time of death, appeared perfectly sensible and clear-minded. : ■ ■■ The case is proceeding.