ROMANCE AND MARRIAGE.

New Zealand Herald, Volume XXXIII, Issue 10127, 9 May 1896, Page 2 (Supplement)

ROMANCE AND MARRIAGE.

DISPUTE OVER A SUM OF FORTY

THOUSAND POUNDS.

In tho Probate Court, Mr. Justice Barnes and a special jury hoard tho case of Moran v. Plaoe and Othors, which was a dispute between the widow, on the one hand, and children on the other, of the late William Moran, as to his testamentary dispositions. Deceased, who was largely interested in tho indigo and Indian tea businesses, died in November, 1894, at his house in Harrington Gardens, at the advanoed age of 86 years, leaving a very substantial estate, the residue of which, about £40,000, being left under the last will to plaintiff for life. Plaintiff married the testator when he was 71, and sho was 21 yoars, and in 1882 n son was born to them, and to this son the residue was left upon his mother's death. Under tho lasb will thab plaintiff propounded, which was dated Decomber 8, 1891, defendants, the children of the testator by the first wife, alleged that this will was obtained by undue influence of plaintiff, and that the testator's memory and understanding were not sound. The widow pleaded that he wag of perfectly sound mental capacity.

OOIAAPSE OF THE CASE. A portion of the evidenco in support of plaintiffs case having been heard, Mr. Carson said that, after bearing Mrs. Moran'a evidence, he did nob think he was justified in persisting in the charge of undue influence, and he would now withdraw it. The execution of the will and the testator's capacity had also been proved, and, therefore, the will would be pronounced for, but ho (Mr. Carson) asked for the costs out of the estate on the ground that defendants wore entitled to have an inquiry into their father's will.

Sir Edward Clarke said this was the most extraordinary application he had ever heard, considering that defendants knew perfectly well of the testator's soundness of mind, and considering that they charged, without a fragment of evidence to support the charge, plaintiff with wilfully and wrongfully using her influence upon the testator.

His Lordship said there was not a shadow of evidence to support the defence set up, and if the case had gone on it would probably have ended as it had done. He should order the costs to follow the event.

Mr. Carson said that Mrs. Place was the only defendant who had appeared. Hi» Lordship, therefore, gave judgment for plaintiff, with costs against Mrs. Place.