SUPREME COURT

Nelson Evening Mail, Volume XLVIII, Issue XLVIII, 4 March 1914, Page 6

SUPREME COURT

NELSON, WEDNESDAY. MARCH 4, 1914. (Before his Honour the Chitf Justice, Sir Robert Stout.) . The Supreme Conn session continued this morning, the Chief Justice (."-ir llobert Stout) presiding. IN THE ESTATE OF FAXX Y SPICER. DECEASED. This was an actic.ii by ceitain relatives of the deceased to prevent probate being given of a will of the deceased on the grounds that was not of testamentary capacity at th* time of making the will. Mr Hayes, instructs d by Messrs Easton and Nicholson for the executors Messrs T. G. Brougham and WilliamBoyce; and Mr Harley for the parties objecting—Arthur Grooby. William Atkins, Amelia Jane Grooby. Ellen Inwood, Elizabeth Williams, and Frances Atkins. . The sum of about £4OCO is involved in the case. Mr Hayes, in opening the case for the executors, said that in January of 1913, Mrs Spicer, who died on Ist March. 1913, made a will, and in February of the same year madt another will not differing in any material respect from the forirer one* The parties objecting sought to establish that Mrs Spicer was not- of sound mind when she made these wills, and sought to prove a will dated 10th Febrnarv. 1910. The two wills irade in 1913 gave £4OO to three daugh- ■ t°rs of deceased. and £6OO to the fourth, while the will of 1910 gave much more of the property to these daughters. Mr Hayes, continuing, said h would be Ehowu "that' in August of 1912 the testatrix was dissatisfied with the conduct of her daughters, and continued to be £0 dissatisfied until hrr death. Mr Hayes said he would lead evidence to show the condition of dei eased generally and the expression of her intention extending back from the time when she executed the will. Mr Haves called. John Gordon McCal'.um, law clerk to Easton and Nicholson, said that early on sth January Mr Spicer came to his house and said his wife was very ill, and he wanted witness to go up and make her will. Both Mr Easton and Mr Nicholson were not available. He did so. He called at the office on his wav up and looked up a former w:ll which he read over. He found in the will a paper cf instructions in Mv Easton's writing. He took the paper and the old will with, him to Mr Spicer's house. On arrival he was at, once taken to Mi's Spicer, by a woman I who opened the' door. Mrs Spicer was in bed. Mr Spicer had not returned, and Mrs Spicer asked him to wait unt:l his arrival, as he could help to explain * what she wanted. She spoke to witness at intervals on coinnnn places. On Mr Spicer arriving, witness asked Mrs Spicer if she wanted her will made, and she said ves. saying she had seen Mr Easton about it. He iead oyer Mi Easton's instructions, and asked n these were on the lines she wanted hei will made. While witness was reading them over, she several times anticipates him, showing she knew the contents oi the paper. She said the tnstructiom. were correut, with the exception of one or two details, one of which was tnc appointment of Mr A. Grooby as ai executor, .which she negatived. H< thought she substituied the name of Mi Brougham. Witness had always been under the impression that she could not read or write, but she had no difficulty in making him understand what she wanted. Mr Spicer was in the room tlu whole time, and both appeared to agree on everything done. She also derriseo the 25-acre section en the plain ano £IOO to Mrs Brougham. She said "2z acres out of her section on the plain wat to be.given "to Louis Inwood. He wen: into an adjoining room and prepared the will which made certain sums payab.e to 'her four daughters—£6oo to Mrs Williams. and £2OO to each of the others . He did not remember whether it was £2OO or £4OO. He read over" the will, which she said was all right, except that she wanted the money to her daughters paid in yearly payments of £25 He explained the will clause by clause, and Mr Pike was obtained to witness it. While he was preparing the will the person who opened the dooi came in several times, unasked, and on each occasion the Spicers made cease speaking. Mrs Spicer impressed upon him not to let, anyone know what he had. been Writing. Mrs Spicer then ««ned the will (produced). The first time he knew that money was to be civen to John Spicer's" children was when he took the instructions in the room. Mrs Spicer said the children were coming out to look after her and Mr Spicer, because they had none to look after her. She was clear that whatever was over was to go. to Jotin Spicer's children. She did not know their names, and lie understood she had never heard front; them. To Mr Harley: Mrs Spuer ,was a shrewd, sharp woman, and "had an excellent memory. On the da r she signed the will «he seemed as usual, except that she appeared to be in pain. In discussing the instructions he did not d* cuss the will of 1910. He knew- Arthur Groobv was an executor in the 1910 will. She said. "I do not want Arthur Groobv," and gave no reason. Witness did not know why Mr Grooby was left out. He did not think it was his. duty to inform Mrs Spicer of this fact He did not know she had been ill for months. I did not ask for particulars Sboufc the residue. Both husband and wife were illiterate, but Mrs Spice, could calculate what she had better than nine persons out- cf ten His instructions from her were, "The residue to two children of the brother of my hus- . band, who had left England io come and look after me." She discouraged me making suggestions. Both J.wba«d - and wife struck me as being very fond of each other. Spicer did not interfere in anv wav. and witness did not veter to him. It could not be true that Fpicer did not understand that he was cut, out of the will until Mrs Spied was buried and the will read: Mrs Spicer .was a benevolent boss and looked after her husband's interests as well as her own. Mentally, she seemed as alert and as bright as <--ver He would be surprised to learn that.she had been suffering trcm sof:en ; n f « f } £j brain fo'r some months. Spicer naa told witness that one cf the doctors had told her she ought to get any business done she wanted to. , , : y S? £S that SpVS and e \is wife had discussed the EST of the will I was to I* giving me inHructions she would s*>. "That was what we decided on or "That was what we were going to do Charles Stansfield Pike tftld h f< kn C otfMr!lp:corforabouta r aranda half, and witnessed the signing of UP will He did not notice anything peculiar about her. She was a keen busneJs woman. About four or five months before the will was signed she had complained to him about h?r daughter. Mrs Pike, wife of the last witness, ulso „ ave evidence, and deposed that in January and February last Mrs Spicer seemed" io be in her ordinary senses. The night before her death witness was talking in the next room, t.pd she recognised her voice. William. Boyce, Town Clerk, Motueka, said he had known Mrs Spicer for 40 vears, and had done business with her. She had spoken- to him on 26th July, J912, about making her will, when she asked witness if he would act as one of

I the trustees. She said nothing about n previous will. She seemed put out. and intimated that she proposed leaving a 'considerable amount of . her _propel iv to I charily. He said if that was s,i she had i better make the Public Trustee her executor. She said she was taking this ■ course because she considered her children were not treating h*r properly. Witness advised her to go home and think the matter over, and she replied that that was the same advice her solicitors had given her. Her condition on the 26th July was quite clear; there was no doubt about that. He next saw her on the 12th .August, 1912. when she visited his office, and said she had reconsidered the matter, and had decided to serve all her children alike. She also snid there would be a residue, which | was intended for her husband's brother John and two children, who were coming out from the Old Country. Her mental condition at this time was quite clear. He next saw her in September, when she asked witness to arrange a transfer of 50 acres of land to Lewis Imvood. She said she was not going to give it to him now. but after she was gone ; but he was to pa_v the rates on the land after the 31st of the following March. They had a general conversation, in the course of which she complained of her family. She told witness she had given instructions to her solicitors to inform the children that unless they treated her better she would rut them out of her will. This was in August. He told her it was a- very foolish thing to do. Up to last September, when he last saw her, she was alwavs rational and clear-headed. 'She had twice mentioned to him that she was sending for two of her husband's brother's children from England. Cross-examined by Mr Harley: She said she was sending .for her husband's brother's children because her own did not treat her properly. He did not know the attitude of the children towards their mother up to the last two or three years; previous to that lie knew they visited her. She had given him to understand that she was dividing all her money in legacies among her "children, and £IOO to her step-daughter. Mrs Brougham. So far as he could see! there were no peculiarities about. Mrs Spicer in September. He knew she was under medical treatment.

Michael Simpson, Mavor of Mctueka. said he knew Mrs Spicer for over 50 years, and spoke to her for the last time about 8 to 12 months before she died. They conversed about family matters, and Mrs Spicer said she had not been treated fairly by her children. Wiliiam Spicer. widower of the testatrix, ased 73 years, said M_rs Spicer was a widow, when h t mairic! her. and she hid no property when he man i: d her. Thev had heen married about 30 years. They worked together on the farm, and they did the business bi twe<n them, although Mrs Spicer did the nto-t. Mrs Spicer did the bankim:, but what was bis was her's. and what was her's was his. They sold some of their land to Mrs Williams, a daughter, the sum thus obtained being banked. They never did any business without first talking it over together. They get on together very well, and no one could say' otherwise. Mrs Spi or had talked to witness about getting her lawyers to write to her daughters, because the children were not doing their duty towards them, as thev never came and did anything for their mother in the house. -They could have afforded a servant, but there were plenty cf daughters ar.d grand-da lighters to help. Mrs Spicer was under no mistaken notion about her children, but knew the true state of affairs. When the lawyers were asked to send the letters Mrs Spicer was in her right mind.. She had a very good memory. The conduct of the daughters, with the exception of Mrs Williams, was worse after the letters were sent ; Mrs I Williams was about the same. He ectild •->ot «av whether the sending <•{ the letters had any bearing on the will. Bo'li of them had discussed the will. She had made" up her mind to leave her money to the hi'*pital, with the exception, perhapsj of a legacy to Mrs Williams. This was after lawyer's letter -. was sent. She changed her mind afterwards, because she had been persuaded by people to leave it to her daughters. He could not remember what his wife told him about going to Mr Eastcn. Th«-y hed arranged about the provisions of the will the night before going to the lawyers. They discussed it in b-d. Witness had enough land to keep him. Three cf the daughters were to receive £4OO each, and Mrs Williams £6OO, because she had done more for them than the other daughters, and witness and his wife did not discuss whether he was to get anything, under the will, because what was to ccme to him would go to his relatives in England, and he Tiad enough of his own. The residue was to" go to the relatives in England. Neither ho nor Mrs Spicer knew the .amount of the residue, as the lands would first have to be sold. Mrs Spiter knew- near enough the amount she had in the bank. It was also arranged that the trustees should be Messrs Brougham, Boyce and Pattia- Mrs Spicer said she would leave Mrs Tom Biougham £11)0, but did not state tn'e reason. She also left one brother £2OO and the other £SO; Lewis Inwood was to have 25 acres' en the plains. On this night the health of .Mrs Spicer was not as good aa it had been, but her memory was very good. She knew what she was doing, and had no trouble in keeping her mind clear. Witness then described, the steps tak: n to have the will drawn up, as already stated by the witness McCallum. ' Witness did'not ejoy good health, but was all right on the 'day he went to g l Mr McCallum. There was a mental difference in his wife between three years ago and on the dav she drew up the w:d. Both witness and Mrs Spicer instructed, Mr McCallum as to the drawing up of the will. She was as clear in the head as Mr McCallum. His Honour : Mr McCallum was < k-ar enough: Continuing, witness said that after signing the will, .his wife talked about her. and was quite aware of Us contents, She never talked about altering the will. Witness had himself made a will before the death of his wife, in the presence of her and Mrs Williams- His wife instructed witness and .Mrs v\>i- , liams what was to go in the will, having previously discussed the matter. am Mrs William swrote it down. He clid not remember to whom he had left his property ; he had since torn up the will. Witness knew he was to go nothing under Mrs Soicer's will, and had never mentioned that he was surprised nt this. The children had gifts given to them at various times by Mrs Spicer. At one time, as near as he could remember, Mrs Groobv had been given £200; and a piano'was given to rs Atkins; and Mrs Williams had presents at various times. *Hilda and Bert Atkins had received £2O each, and a house had been built for the Atkins'. (Left sitting.)