STORY OF A LOST WILL.

New Zealand Herald, Volume XXX, Issue 9193, 6 May 1893, Page 2 (Supplement)

STORY OF A LOST WILL.

AN EXTRAORDINARY CASE. In the Probate Division of the High Court of Justico recently, before the President (Sir Francis Jeune), the case of Williams v. Price, executor of Griffith (Rathbone cited), came on for bearing. This was an action to decide a dispute an to a will alleged to have been made by the late Rev. John Bulbeley Rathhone, who resided at Buchanan, in the p.wish of Llanfechell, North Wales, and who died on the 11th Marsh, ISS3, at tho age of 89 years, leaving property amounting to upwards of £4000. Under the will in question the plaintitf claimed tho whole of the property, and, the document being missing, she claimed probate of its contents. The defendant, is executor of Ann Price Griffith, a cousin of the doceased, disputed the will and claimed an intestacy.

Mr. Inderwick, in opening the case, said tho testator, the Rev. John Bulkeley Rathbone, was i. member of a family exeaedingly well known in Cheshire and Lancashire, most of them of largo fortune and distinction in public affairs. The testator became a clergyman, and was ordained. At some time or other the testator had become acquainted with a young woman not in his own position of life, and by her he had an illegitimate daughter. That state of things would not be consistent with his having a cure, and, in fact, he never had a cure. He appeared about the time of the intimacy with this woman to have withdrawn himsalf from the society of members of his family and other persons in his own rank of life, and went to live at a place called Buchanan, in Wales. He lived in a cottage in the village, and spent his time associating with working people, labourers, mechanics, and so forth. The plaintiff he recognised as his daughter, and sho was called by him Betsy Kathbone, and also "Betsy Bach," which meant. "Lictle Betsy, or some such term of affection. In course of time she was married to Mr. Evan Williams, and lived with him at "shop-y----congi," which meant "corner shop, at Llanfechcll, Anglesey. She saw her father from timo to time. In 1878 the testator appeared to have had a long illness, and he was attended by the plaintiff, Elizabeth Williams, and he appeared to have spoken in her presence and that of other people of his intention to leave what he had to leave to his daughter. Of course, tho daughter, being illegitimate, unless there was a will she would be left without any provision. She and her husband were in a humble station of life. It appears that in April, 1880, the testator desired to make a will, and it was statod that he made a will in his daughter's favour. He died in 1883, aged 89 years. The will was drawn up for the testator by Mr. Fanning, solicitor, of Almwich, and was attested by Mr. William Parr)- and Mr. Richard Jones, who were both dead, and by another witness. The testator was possessed of a real estate, consisting of cottages and houses, valued at £4000. He had also a deposit note of £300, and there was cash in hand amounting to £25. Mr. Fanning had made no copy of the will, and he handed it over to Evan Williame to be taken to the testator. After the will wa3 attested on April 20, 1880, it was said to have been placed in a cupboard. The testator had spoken $>out tho will to several persons, and of his having left his property to his daughter, but after his death tho will could not be found. On the 13th July, 1883, administration was taken out by Ann Price Griffith, a cousin, as next-of-kin, and tho defendant, Mr. H. Bulkeley Price, as her executor anil heir-at-law, took possession. Some action was taken with the view of making provision for tho plaintiff, bub the matter stood over until very recently. William Parry and Richard Jones had died, so that Owen Roberta was tho only person living who had signed the will.

The plaintiff, Mrs. Elizabeth Williams, was then called. She gave her evidence in Welsh, which was translated by an interpreter, and bore out counsel's statement as to her relationship to tho deceased Her mother's name was Laura Jones. Witness lived with them until she was 29 years of age, when she married Mr. Evan Williams, and she was now 63 years of ago. The testator, sho said, had frequently assisted her with money. He told her that ho had made his will in her favour. She had seen him in his last illness, and though feoblo and weak, she never saw him in a better mental condition. In cross-examination, she said that sho had never on any occasion seen the will. It was not true that the Saturday night before her father died she called out " murder" when she was with him in his room, or that her father had got hold of her neck. He had not got the poker in his hand to strike her, and Elizabeth Hughe? did nob take tho poker from him. Sho did not tee ' im try to get a knife off the table. She had not told witnesses named that sho was entitled to tho properly by a will. Witness denied that she had over said that she " had not stated that her father had made a will." She had received £40 from Colonel Price to pay for the funeral expenses. She admitted writing a letter to Colonel Bulkeley Price, making a claim for consideration, in which she stated—" But for my father's strangeness I would have inherited all by will." She wished to share the property with Colonel Price. She did not know what his relation was to the testator.

Mr. William Fanning, , solicitor, of Alrawich, Anglesea, said he remembered Mr. Evan Williams coming to him in 1880 and telling him that Mr. John Bulkeley Rathbone desired to make his will. Witness drew up the will in question, which he gave to Mr, Evan Williams. He made no charge for doing this. He never saw the will afterwards. In 1889 Williams consulted him in reference to tho will, and asked him to take proceedings, but he declined to do so. Cross-examined, witno-s said that in August, 1883, he was consulted by Williams about a claim against tho estate, but did not mention a will.

Mr. Owen Roberta, who also gave his evidence in Welsh, said he was a butcher of Llanfechell, and was acquainted with the deceased, who had told him of his intention to make a will in his daughter's favour. Witness spoke to an occasion when he called at the house with Mr. Parry, on which deceased said he was going to sign his will and leave all to his daughter.

Further evidence was given as to the intentions of the deceased to benefit his daughter, and to one of them ha said, " Here is ray will, signed ;" further, that Owen Roberts and Richard Jones were present when the will was signed. Tho learned judge said he waa prepared to give his decision. He pronounced against the lost will, with costs out of the estate, tho costs nob to be enforced.