A STRANGE CHANCERY CASE.

New Zealand Herald, Volume XLII, Issue 12955, 26 August 1905, Page 2 (Supplement)

A STRANGE CHANCERY CASE.

An action of "Robinson v. Shepherd was commenced before Mr. Juste the Chancery Division, which, as staled by tie plaintiffs counsel, jevealed some senbatioual incidents. It was brought by Mrs. Man Jane Robinson against Mrs. Hioppart for the purpose of obtaining a declaration by the Court that the plaintiff was entitled, under a deed of May 3, 1802, to certain stocks and other property, which now represented the real and personal estate ,t the late Edward Shopped, and were the subject of the deed. i Backmaster, K.C., who laid the plaintiffs case before the Court, described the defendant as the executrix an ami - arv legatee of the testator, and she contendedthat the deed in question was obtained by undue influence She wis .lie sisters-in-law of the testator, and set up that improper relationship between the deceased, Edward Sheppard, and the plaintiff, both before and after the date of the gift by the deed, was the consideration ot the gift made bv the deed. From 1891 until 1903 Mr. Sheppard resided with the plaintiff and her then husband, She divorced her husband in 1903. 'Ihe testator originally went, to their house as a pupil in the farming business, which the husband carried on in Somersetshire. The day after the deed was executed was the plaintiff birthday, and then the testator handed her the deed of gift as a "birthday present. Sue knew nothing of it before, and from that time, although the testator had lived with her and her husband for 12 years, plaintiff never touched any of the money. The testator had a mother, brother, and sister living, who at times visited him. In December, 1903, previous to obtaining her divorce the plaintiff went with the deceased on a six months' visit to Switzerland, and on their return the plaintiff obtained a divorce from her husband, he'making no suggestion against her with respect to the testator. She married her present husband in January, 1904. It was said to be undoubted that young Sheppard was very fond of the plaintiff, but that it was also evident that she was not responsive, because she refused to marry him. On March 22, 1904, the testator made a will dealing with all his property. Under that will the defendant claimed in the present action. The testator died of consumption in April, 1904. What happened afterwards led to a most bitter dispute, and very acrimonious letters passed between the plaintiff and the defendant. Plaintiff was prepared to do anything that was reasonable to put her position beyond dispute. She was not now so much seeking to stand by the deed as to establish her character. Later on Mr. Buckmastor said all allegations were withdrawn on either side. Mrs. Robinson hue l scoured her main object— clearing of her 'character— the disposal of the property was a secondary consideration. Her character having been cleared, she would make no further claim to tho deed, and would give it up to be cancelled. Each side would pay its own costs. Mr. Buckmastor, in addition, wished to correct the impression that Mrs. Robinson went with Sheppard for an ordinary visit to Switzerland. He was suffering from consumption, and she went to Davos for month to nurse him.