A WILL ATTACKED.

New Zealand Herald, Volume LIX, Issue 18103, 11 February 1922, Page 11

A WILL ATTACKED.

CONCLUSION OF THE CASE

COMPLIMENT TO COUNSEL.

The action concerning tho will of James Muir Paterson, who died last June at the age of 87, was continued in the Supreme Court yesterday before Mr. Justice Stringer. Application is made by d. li. ratersuu, J. -A. raterson ami AU'i L. Stevenson, children ol the aectaied (Mr Leary), to nave the wul set asiae on the giounas ol mental incapacity, fraud ana undue influence. Ihe Punlic 'Irusiee (Mr. Goulding) delenaed tlie action. Mr. Gouiding said the picture his friend had placed before the Court of an old man, tottering to the grave, in the hands of a daugnter and her husband who preyed upon him and virtually joooed him ol much of his personal estate, was not drawn from the actual facts. He submitted there could be no doubt whatever that the deceased had formal an intention of making a new will, Why should he want to make a new will! Counsel said the old man had received from Mrs. Montgomery attention such as few men received from their children. He spoke frequently of her devotion and showed some little feeling toward his son John, and grieved that the latter had neglected him. In support of his contention that the testator ■was in a fit state of mind at the time he made the will counsel referred to evidence that the old man showed a keen interest in the reading of the will and asked several questions about it. There was no evidencp of that coercion of the deceased that was necessary to constitute undue influence. He quoted authorities on the various questions raised, and submitted the Court should grant probate nf the will on the law as well as on the facts.

Mr. Lear/, in reply, referred to a number of payments and sought to show that Mrs, Montgomery, a daughter of the testator, and her family were not so Door a? had lippn made out.

His Honor said the case raised some difficult onestions. It had been exceedingly well arpi'ed bv counsel on both B'des He would take time to consider the matter.