HUNTER WILL CASE

Nelson Evening Mail, Volume LXIV, 19 February 1931, Page 10

HUNTER WILL CASE

PROVISION FOR CHILD EVIDENCE OF WIDOW Good progress was made on Tuesday afternoon with the Hunter will case, reports “The Post.” Lady Hunter had concluded her evidence-in-chief when the Court adjourned at 5.45 p.m. She dealt in detail with the late Sir George Hunter’s physical and mental condition from the date of the seizure in September, 1929, until his death, and also with the execution of the two wills and the codicils after his illness. Ilis Honour Mr Justice Reed was on the Bench. Mr A. Gray, K.C., with

him Mr L. K. Wilson, appeared for the plaintiffs, Cyril Paul Hunter, of Akitio, and Thomas Percy Hunter, of Porangabau. The defendants, Lady Hunter, and her seven-year-old child, Elizabeth, were represented respectively by Mr G. G. Watson, with him, Mr 11. J.

V. James and Mr W. Perry. Lady Hunter, one of the executors, is challenging the two wills and codicils made by Sir George after his apoplectic seizure in September, 1929, on the ground that at the time they were executed Sir George was not of sound mind, memory, or understanding. The other two executors are Cyril Paul Hunter and Thomas Percy Hunter. Continuing her evidence, Lady Hunter said that during the first few months of Sir George’s illness there was no discussion on farm matters. Sir George agreed with evervthing that was said to him until after his return from Rotorua, when he disagreed with everyone. Dr. Steele told them that Sir George’s sole chance of life lay in absolute quietness. When Dr. Giesen first saw Sir George his condition was the same as when Percy Hunter saw him. His temperament showed no change between Dctober and January. After witness returned from hospital in February Sir George was sulky and depressed. Mr Watson asked witness what was the first she had heard of Sir George signing- a will in October. Witness replied that on the day before he signed it Sir George told her that he wanted to make things better for her and tile little one. Mr Dunn was going to make things right for them. Witness pointed out that he had already made a will, and started to cry. She thought Sir George was too ill to make a new will. On the next morning she rang up Mr Mackenzie, of Bell, Gully, Mackenzie, and O’Leary, who had drawn the old will, and he came up on tho day the will was signed. He refused to have anything to do with the will since Mi Diinn was handling it. Sir George kept saying that he wanted her to have everything. Witness made no arrangement with either Dr. Steele or Dr. Giesen to witness the signing of the will. Within a few minutes of signing Sir George was asleep. At that time she did not know (he conlonls of (he will. She thought

it was the old will with the Dixon street

property mentioned. The next morning Sir George told her lie had left her everything. She said he should not have done that in view of the two death duties. He asked for her advice and agreed to leave the whole matter to her. Within a day or two, witness continued, she saw a copy of the new will. She was annoyed to find that Bethune and Hunter had been left £3OO a year, and did not read any more at the time. Later Mr Mackenzie read over the provisions to her and she learned she had been left two-thirds of the capital which would involve heavy duties. After conferring with the nephews she set to work to have another will made for Sir George’s signature. She told Mr Dunn about it. Mr Watson : “We know that in the second will you are given an annuity instead of two-thirds of the capital?”— “That was my own idea.” Lady Hunter said that she suggested an annuity of £2500 and Mr Dunn said the estate would not stand it. She then suggested £ISOO, but, later found she could noL live on that, and (old Mr Dunn so. “Another change in the new will was the gift to Betty of the Dixon street property when she was 21?”—“It was always understood that it was to he Betty’s. As soon as Sir George had paid for it it was to he hers as a freehold gift.” “Who brought it up in the new will?” —“I did. I thought we would live in it until she was 21.” The gift to Betty of £IO,OOO by periodical payments originated from Sir George’s suggestion before his illness

that she should have £25,000 when she became 21. Witness advocated the inclusion of that clause in the will, and also suggested the gift to Betty of 300 acres at Porangahau.; Sir George’s idea being that she should cultivate "her love of the country. The story that she (witness) wanted to turn the land into a lemon farm was nonsense. “It was only right that Betty should

have a home,” Lady Hunter declared. “I am not asking for anything unnatural and Sir George was not doing anything unnatural.” Mr Watson: “When the November will-making was going on did you bring up this question?”—“l brought up every question.” There was a considerable divergence of opinion between witness and Mr Dunn over the land and other matters.

Lady Hunter said that she knew nothing about the arrangements for the signing of the November will. Mr Dunn started to read it to Sir George, but the latter was too exhausted to listen to it all. Witness was not present when the will was signed. Dr. Steele was present on this occasion. Mr Watson : “Did he make any comment?” —“Ho said, ‘Good gracious, at it again. I have left everything to my wife, in three words’ or something like that. He said nothing worth repeating.”

From that time until April, 1930, there was no will-making. Witness was nearly always present when Mr Dunn and Sir George discussed farming matters. She did not know until after Sir George died that two codicils were made on 7th April. His Honour: “Do you object to the November will itself?”—“lf the will had given effect to what I had been planning I would have approved of it because Betty would have had £IO,OOO before she was 40, a home in Dixon street, and a station home.” In reply to Mr Watson, witness said that her real complaint was that Betty was homeless. “If Betty had been given a home, I would not be here to-day,” she addedMr Watson said that ho had no more questions to ask Lady Hunter, and the Court adjourned.