ROMANTIC WILL SUIT.

New Zealand Herald, Volume XXXIII, Issue 10019, 4 January 1896, Page 2 (Supplement)

ROMANTIC WILL SUIT.

AN OLD SOLICITOR'S PRETTY , / NIMSE AND HIS PROPERTY,

Ik the Probate Courb, London, recently, the case of Sprake v. Day was opened, Elizabeth Louisa Sprake propounding tho will of Joseph Addison Day, dated June 2, 1593, or, iu the alternative, the will of May 31, 1893, or wills of prior dates. Defendants, Francis Day, Gordon Day, and Edw«rd Addison Day, alleged that those wills were not duly executed, that the testator was of unsound mind, and that undue influence was used in regard to the Will of November, 1891. Tho execution of that will was admitted, but it was alleged that the insertion of cortain legacies to the plaintiff and Alice Maud Day was obtained by unduo influence, and thab thoy were revoked by subsequent wills. Defendants further claimed to administer the estate of tho testator. Mr. Indorwick, in opening tho caso, said it was contended that the testator was of unsound mind for many years, and that all tho wills wero procured by unduo influence The testator was a Mr. Joseph Addison Day, who died on Novembor 9, 1893, at tho ripe ago of eighty-threo. He had been in practice for pany years as a solicitor at Bridporb, and had a fairly largo business. Ho was married many years ago, and there were four children of his marriage. Tho latter years of his married life were very unhappy, and the result was that his wife eventually lefb the house in 1871. qui; was a child. Plaintiff, who was then some thirteen or fourteen years of age, was living in her father's house at Bridport, and decoased took a great fancy to her. Ho saw the girl from time to time, and when taken ill in 1874 tho plaintiff, who was qualifying for a nurse, nursed him, and ultimately, when he had quarrelled with his wife, he appeared to have wronged hor, and she had a child, From that time until his death she lived with him as his wife. There could be no doubt that to this young woman aud child lo was passionately attached, yet ono of the questions thab would have to bo determined was whether the testator died with deliberate intention that this young woman should ha left without a farthing. The first of tie wills was made in May, 1870, and in tho will he made provision for his family at the time he appeared to have been worth about £15,000 to £20,000. and tho subsequent wills, with the exception of the provisions for plaintiff and her daughter, were made on the increase in the value of his estate, which ab tho time of his death amounted, roughly estimated, at £100,000. His wifo presented a petition in that court for a judicial separation, and obtained a decree. She had between £3000 and £4000 of her own, and in addition to which tho Court

ORDERED HER HUSBAND TO PAY ALIMONY to the extent of £250 a year. At that time he had property bringing him in about £SOO a year. He made a number of wills, and as time went on he increased his benefits to Miss Sprake and their daughter. After he formed an attachment to plaintiff be took her abroad, and on thoir return she lived near Bridpoit. For a very long time she hardly ever went out of the house, but some neighbours used to call upon her. Among his acquaintances was LieutenantGeneral Gordon, a very distinguished officer, a relation of General Gordon, whose came was famous in the history of this country, and be knew how deceased intended to dispose of his property. His sons took a stroug view with regard to their father, and would not see him, but in 1381 there was a reconciliation between them. The learned counsel then proceeded to refer to the wills which favoured tho plaintiff and her daughter, Alice Maud. Prior to his death be was declared a lunatic, »nd his son, Mr. Francis Day, was appointed controller of the estate, after which be turned the plaintiff and her daughter out of the house. By the last will the plaintiff got a life interest in £4000, and her daughter a life interest in £14,000. THE CASK FOR PLAINTIFF. Evidence was given on plaintiff's behalf to prove that the testator knew what he ! was doing when ho made tho bequests, and | one gentleman who had had business trans- [ actions with tho testator up to within a ' short time of his death said that in regard to payments made to him of over £3000 there was no suggestion that Mr. Day was not of sound mind. The solicitors to the late Mr. Day were also called as to his sanity, and Air. Finnos Trotman stated that the testator first wished to make his daughter a ward in Chancery, and then prepared to leave her £14,000, and Miss Sprake £3000. A PAINFOL FAMILY SOENE. Mr. Kitson, the solicitor, after further evidence, went on to describe a very painful Ecene. On Juno 26 he went to the house to see Mr. Day, as requested. When Kitson arrived he found the two sons, Prank and Gordon, standing over the frightened old man. They were gesticulating in a wild, passionate manner. He did not want to be uncomplimentary, but they were acting like fiends, and were addressing their poor old father in a terribly unkind way. They seemed to be trying to frighten tho old man into saying his will was not his will, but obtained by fraud. Part of tho time they both talked at once, cried rather like passionate children, and were addressing to him in rapid succession, in a crying, passionate voice, questions—" We've always been good sons to you, pa, haven't we? and j'ou don't intend to cut us off, do you, pa? and you don't intend to givo the property away to strangers, do you," and soon, etc, Mr. Kitson saw the old man was frightened and confused. He remonstrated, and pointed out to the sons that the money was not going to strangers, etc. The old man, who was worn out nearly, made some stupid remark, whereupon tho sons jumped up and cried, "There! Do you hear that. It's not his will at all. Ho doesn't know it. We'll dispute it—we'll dispute it !" Then Miss Sprake came into tho room and lost her temper with tlmm, and after remarking that they had always said they'd rob her of every halfpenny slio came to she left the room. Mr. Kitson did not consider Mr. Day insane at the time of this row, but febont a month later when ho called on him ho thought him become too weak to do business,

After the interval an arrangement was come to. Sir Edward Clarke withdrew his coso, and an agreement was entered into by which Miss Sprako receives her £8000, and the will stands as written, the daughter taking the whole benefit she would have had had the will not been disputed. The actual position of the parties is, under tho arrangement, that Miss Sprako receives £4000 instead of £8000 in dispute, but receives the remaining £7000 under tho will. Judgment vis tjiven accordingly, the costs being charged on the residuary estato.