STRANGE WILL CASE.

New Zealand Herald, Volume LXVII, Issue 20669, 15 September 1930, Page 12

STRANGE WILL CASE.

BOOTS" LEAVES £5890. UNDUE INFLUENCE ALLEGED. A strange will case has come before the Court in Melbourne On May 24 last John Bogle, who had been employed as " boots at the Warinambool Coffee Palaco for more than 40 years, died leaving an estate valued at £5390. Some time after his death Joseph McKano, a nephew, applied for letters of administration, with tho wilt annexed, of the estato of Bogle. McKano said that the will, which bore no date, had been found by himself behind some lining-boards in the room occupied bv Bogle. It was witnessed by George Dorfield, who, like McKano, was employed at the Nestles Milk factory, and by Harry Gorfino, a tailor, of Warrnambool. Under the will two-fifths of tho estate were left to Jeannio Taitc, a niece, who lived in Londonderry, Ireland, and three-fifths were left to Joseph McKano.

Letters of administration were granted by the registrar of probates, but later a caveat was lodged on behalf of \\ illiam John Boglo, of Londonderry, a nephew of testator, and a brothfi of Jeannie laite. An order nisi calling upon the caveator to show cause why the will should riot bo admitted to probate was taken out, and the matter came on foi argument before the Court in Melbourne cm September >5. The grounds of the caveat were that the will was not executed by John Bogle; that the will was not executed in conformity with the Wills Act or with law; that the. will was procured by, and was the result of unduo influence exercised upon John Bogle by Joseph McKane; that Joseph McKime wrote out the alleged will and that John Bogle did not know and approve of its contents George Dorfield, in evidence, said: J. had known John Bogle for about two and a-half years. One evening about 8 o'clock ho asked me whether I would witness his will and whether I would bring a particular friend' with me. J. brought Harry Gorfine to the room at the Coffeo Palace. Testator signed it. and we witnessed it.

Harry Gorfine, in evidence, said that he witnessed the will. It was about 12 months ago. Joseph McKane, in evidence, said: 1 had been friendly with Bogle, and I had attended to bis correspondence in my youthful days. Ho sent for 1110 one day and said, " Do you know anything about making a will ?" 1 said that I did not, but that 1 would " have a shot at it." Ho said, " 1 want to make a will leaving two-fifths <0 you, two-fifths to Jeannie Taite, a nieco in Ireland, and two-fifths to another niece." 1 said, " You cannot havo six-fifths," and ho said, " Yes, you can; you do not know how much money I have got." I put fivo matches on the table and showed him that it could not bo done. lh> then said, " Very well, wo will leave, tho other nieco out. She has never dono anything for me." Ho said several times that if he left me everything he would not repay for all tho kindness that I had done him. When he died I made a search for a will and I could not find it.

Counsel: In consequence of something you heard you went to his room ? McKane: Yes. I got permission from Mrs. Robins to go in, and I noticed 0110 of tho lining-boards on tho wall bulging. We got a chisel and put it 6n the end of a piece of piping, and Mrs. Robins levered tho board up, while I took out a paper parcel containing tho will. Tho will was in a cigarette tin. 1 took tho document to my solicitor. Tho hearing of tho case was adjournod.