PROBATE OF A WILL.

New Zealand Herald, Volume LXVI, Issue 20362, 17 September 1929, Page 11

PROBATE OF A WILL.

LATE MRB. C. E. SEEGNER.

SUM OF £12,000 INVOLVED.

ACTION BROUGHT BY EXECUTORS.

"This is a very curious case," remarked Mr. Justice Herdman, when an appli cation for probate of tho will of tho late Mrs. C. E. Seegner, of Parnell, was boing heard in the Supremo Court yesterday. Tho action was brought by Ronald Macmillan Algio, professor of law at Auckland Univorsity College, and Charles Ernest Whistler Mackintosh, retired (Mr. Northcroft), against Bertram Whistler (Mr. Weir), Eva Pares, of London (Mr. Stanton), Maud Mackintosh and Florence Whistler, of London. The sum in volvod in tho will was about £12,000.

The statement of claim set out that Mrs. Seegner, who was the widow of Mr. C. Seegner, an Auckland merchant, 'died in Auckland in December, 1928. In her will tho plaintiffs wero named as executors. It was sought that tho Court should decree probato of the will in solemn form of law. Testatrix bequeathed £3OO to Maud Mackintosh, £IOO to Eva Pares, and £SO to Mrs, Jeeves, of Purewa, the residue of the estate being left to tho plaintiff Mackintosh. Mr. Northcroft said proceedings wero originally taken for probato in common form. Tho present proceedings had been taken on account of a doubt that appeared to exist as to Mrs. Seegnor's testa mentary capacity.

Dr. F. W, • Gordon stated in an affidavit handed into Court that ho attended Mrs. Seegner professionally in September, 1928, although ho had known lior for many years. "At my initial examination 1 found her to be under the influence of drugs which I was informed had been administered to her day and night," Dr. Gordon said. Deceased's mental and physical condition wero consistent with this information, . added Dr. Gordon. Ho said ho reduced the dose 3 of drugs by a gradual process and then extended tho period between administrations, until ho • finally eliminated the drugs • altogether from Mrs. Seegner's medical treatment. Her mental, condition then , greatly improved. Dr. Gordon, said ho read Mrs. Seegner,'s will to her one day and, when asked, she said she understood it and all f it contained. Ho was of opinion she was capable of understanding tho meaning, effect and nature of the will. She was in the. full possession of her faculties at tho timo the will was executed by her. Numerous' other affidavits were placed before the Court.

After hearing legal argument, His Honor said that in tho circumstances ho would admit the affidavits. Judgment' would be entered for plaintiffs and a decreo would bo issued for tho probate of tho "will.