A WILL CASE IN SYDNEY.

New Zealand Herald, Volume XXXVII, Issue 11539, 26 November 1900, Page 6

A WILL CASE IN SYDNEY.

A BEQUEST TO THE SALVATION ARMY DISPUTED. In- the Probate Court, Sydney, on November 14, Mr. Pilcher, Q.C., with him Mr. Langer Owen, instructed by Messrs. Robson and Cowlishaw, appeared for the plaintiff, John Hendy, one of the executors of the will of the late Miss Elizabeth Jenkins, of Long Reef, near Manly; the Attorney-General (Mr. B. R. Wise, Q.C.), with him Mr. Sheridan, and Mr. B. B. O'Conor, instructed by Messrs. Mcintosh and Todhunter, appeared for the respondent, Philip Jenkins, who was a nephew of the testatrix, and who had entered a caveat against her will. .The will was dated July 27, 1894, and was as follows:—"I revoke all my former wills, and appoint my friends Thomas Bales Coombs and John Hendy, both of Melbourne, in the colony of Victoria, executors of this, my last will. I give, devise, and bequeath all my real and personal property whatsoever and wheresoever, after payment thereout of my Jfsfc debts, funeral, and testamentary expenses, unto Thomas Bales Coombs, of 185, Little Collins-street, Melbourne, in the colony of Victoria, commissioner of the Salvation Army in Australia, or other his successor holding the same rank or position as recognised principal officer commanding the Salvation Army in the colonies for the time being, to be so used by him in spreading the Gospel of the Lord Jesus Christ according to the customs and usages of the said Salvation Army." The estate of the deceased lady comprised about 900 acres of land situated at Narrabeen, ans also her interest in three allotments of land at Manly, which stood in her name, and that of her brother John Jenkins. The will was propounded by the plaintiff in the suit, and a caveat against it had been entered by the respondent on the grounds that at the time tho will was executed the testatrix was not " of a sound and disposing mind, memory, and understanding," that she did not know and approve of the contents of the will when she signed it, and that the execution of the will was outlined by undue influence exercised by certain members of the Salvation Army. The will in question was executed at Narrabeen on the day stated, the testatrix being then nearly 78 years of age, she having been born on September 29, 1816. She died on June 26 last, and the value of the property left under her will was stated by the plaintiff's counsp.. to be about £4000, and by counsel for the respondent (Jenkins) at about £100,000.*; ,'■. Philip Jenkins, the caveator, examined by the Attorney-General, deposed that he went to live with Miss Jenkins, his aunt, about eight years ago. About that time the Salvation Army was continually visiting her, and her mental faculties seemed to be getting weak. One night his aunt prayed at his bedside that he might die if he were not there and then converted. She could not speak of anything but religion and studied! a book called " Baxter's Prophecies." The end of the world, she said, was near at hand, and there was no good in people following their ordinary avocations. She said people were very wicked to marry and bring children into the world to serve the devil. Witness remained with his aunt for two years, and then did not see her again. To Mr. Pilcher: Witness said he did not know that his name did! not appear in testatrix's former will. To the Attorney-General Witness said his aunt had told him the Salvation Army had begged the land on which Rest Farm stood from her. Daniel Farrar, a resident of Manly, said he had know the testatrix for 30 years, and regarded her as a mad woman. She said she was an angel, and would go straight into heaven. He frequently saw Salvation Army people about Miss Jenkins' place. He with others had offered testatrix £40,000 for portion of her estate at the reef, and she refused the offer promptly. Donald McLean stated that about six years ago two young men, while swimming, were carried out to sea, and in his opinion taken by sharks. He went up to Miss Jenkins and asked her for the loan of her boat. She said, "What! Sunday morning? No! the devil knows when to take his own !" Philip Jenkins came out and said he would go with witness. ; Miss Jenkins said that he was mad to go, as the wives of the two men would be better without them. A great mass of conflicting evidence was taken, and the case is not yet decided. Noveltioß in table-covers, table centres, cosies, and cushions, just to '■ *nd.—Tonson Gs,rlick Coy,