DISPUTED WILL

Nelson Evening Mail, Volume LXX, 7 October 1936, Page 7

DISPUTED WILL

COURT PROCEEDINGS AT CHRISTCHURCH EVIDENCE FOR THE DEFENCE (United Press Association) CHRISTCHURCH, 6th October. Further evidence for the defence was given -ih; the Supreme Court today during the hearing of the application to have the probate of the will allegedly made by the late Miss Elizabeth Smith revoked and the will declared null and void. Plaintiffs were Olive Judge and Ivy Cookson, both of Christchurch, ■ and defendant was the Guardian Trust and Executors’ Company of New Zealand, Ltd. Percy Harold Harris, manager in Christchurch of the South British Insurance Company and of the Guardian Trust and Executors Company, said that in 1933 he learned that Miss Smith was disposing of South British Insurance shares to the Investment Executive Trust. He saw her about it. She agreed to give the Guardian Trust power of attorney to administer ner affairs. She also agreed to see C. S. Thomas, solicitor, with the object of taking action to recover the shares. Witness learned that Miss Smith had been selling Investment Trust debem tures, buying mining and flax shares and also shares in Publications, Ltd. An action.for the recovery of the shares was not launched because Miss Smith, after leaving Mr Thomas’s office, was prevailed upon by a share salesman to stop the action. She accepted dividends from the debentures in the Investment Trust and also bought new debentures. Head office then suggested Miss Smith be brought under the Aged and Infirm Persons Act “to check her financial atrocities.” Witness described interviews with Miss Smith concerning her will. Mr H. F. O’Leary, for the applicants, cross-examined. “What would be the commission for the Guardian Trust in administering the estate?” he asked. Witness: “The rate is 2£ per cent, on revenue and 1 per cent, on capital.” . Mr O’Leary: “Under this will there is a perpetual trust which, so far as we can see, the Guardian Trust will administer for evermore.” Witness: “Yes.”

Mr O’Leary: “This will mean a very substantial benefit to your company.” Witness: “Quite.”

EXTRACTS FROM LETTERS Mr O’Leary read extracts from letters written by witness to head office, and then asked further questions about the will. Mr O'Leary: “At the time this will was made, did you know Miss Smith was in the habit of overhauling garbage tins?” Witness: “Yes.” Mr O’Leary: “Did you know she was in the habit of sitting in tram shelters until late at night in order to avoid using electric light in her home?” Witness: “I had heard it.” In another letter witness had written that the matter of getting the will signed was urgent. Mr O’Leary: “Why were you so interested in the matter? What did it matter to you whether she died intestate or not? Did you think that if the Guardian Trust did not get the estate, the Public Trust would?” Witness: “Yes; that was the point.” The case stands adjourned until tomorrow. „ CHRISTCHURCH, This Day. Further evidence for the defence was given in the Supreme Court today during the hearing of the application to have probate of a will allegedly made by the late Elizabeth Smith revoked and the will declared null and void. Giving evidence, Henry James Biggins, accountant for the Standard Insurance Company, said he had seen Mrs Smith, who held £12,000 worth of shares in the Standard Company, rummaging at night in the city rubbish tins. The hearing is proceeding.