HUNTER PROBATE CASE.

New Zealand Herald, Volume LXVII, Issue 20727, 21 November 1930, Page 13

HUNTER PROBATE CASE.

TWO WILLS BEFORE COURT. EVIDENCE AS TO HEALTH. LOANS TO POLITICIANS. NTERESTS OF THE DAUGHTER. [llY TELEGRAPH. PRESS ASSOCIATION. J WELLINGTON, Thursday. The caso in which two executors of the will of the late Sir George Hunter, Cyril Paul Hunter, of Akitio, and Thomas Percy Hunter, of forangahau, are seeking an order of the Supremo Court to grant probate of the will and the cotlicils to the executors named in solemn form, was continued in the Supreme Court to-day. The defendants named in the action are Lady Hunter, widow of Sir George Hunfor, a third executor, and a daughter, Elizabeth Hunter, aged seven. Mr. Justice Reccl was on the Bench. Mr. A. Gray, K.C., appeared for the plaintiffs and Mr. G. G. Watson for the defendants. Alexander Dunn was further cross-ex-ann/ied by Mr. Watson. He said the reading of the will to Sir George Hunter, and the subsequent explanation of the various clauses, might have taken 20 minutes or half an hour. Reading ol the WIIL Counsel: Was ho very tired before you Btarted to read this document ? Witness: No. I did not understand he was particularly tired. Ho was propped np in bed. Counsel: With cold water packs on his body to reduce his pressuro and temperature ? Witness: I didn't notice that. It may have been so. Counsel then asked: Do you think this man, aged 72, fourteen days after an npopletic stroke, was capable of following your reading of the will ? Witness: Of course, I don't know how he was applying himself while I was reading it, but if ho had taken the trouble ho was perfectly capable of understanding the whole thing. Counsel: I>o you think he did fully understand what you were reading ? Witness: I do. Mr. Watson: In the 1924 will Betty got a much larger residue than under your second will. She got everything in the estate by way of residue ? Witness: She would get a larger residue because the legacies were less, and the £IO,OOO legacy to the step-children is hot in it. To Mr. Perry, who appeared for Elizabeth Hunter, witness said that under the 1924 will, the daughter would be living entirely on her mother's bounty, except in the case of her mother's death or remarriage, but ultimately she would obtain the income from the whole of the residue of /the estate, after payment of annuities. There was no provision in the next will, of October 12, 1929. for the maintenance and advantage of the child, but in the will of November and the codicils one of the bequests to the child was the Dixon Street property when she reached 21. Death Duties of £40,000. To a further question by Mr. Perry witness said it was estimated that the death duties would be £40.000. Assuming the value of the estate at £175,000, that would leave £135.000„ His Honor: Which will do you say suits you best ? Mr. Perry: I am trying to ascertain. I atn on the horns of a dilemma between Jlhe two wills.

?■ Witness, in response to a request by Mr. Perry, produced a statement showing that the estimated value of the estate was approximately £198,028, and that a rough estimate of the value of the estate which had been sworn for probate purposes was approximately £175,000. Witness later stated as yet he had been unable to investigate the loans made by Sir George to politicians and his constituents. They were numerous, but the question was bow much they were worth. Mr. Perry: Do you' mean politicians or conutituents ? Witness: Both. Tho loans must run into £12,000 or £15,000. Sir George was very "liberal. His Honor asked Mr. Dunn if, at the meeting of the three trustees held after Sir George's death, Lady Hunter had ever protested at never having been consulted concerning two of tho codicils to the will. Witness: She said that if I had sent the will to Kotorua when I was asked, a number of defects .which she then professed to be finding would have been remedied. She did not contend that Sir George was not in full possession of his faculties. .Mr. Watson cross-examined witness on a letter he had written to Mr. Cyril Hunter, stating that he had found a suitable / opportunity to mention to Sir George the matter of a legacy of £SOOO, which apparently had been promised him as a wedding gift about 15 years earlier. Witness said he would not have mentioned the matter at' all had Sir George not aslied him if anything had been left out of tho will. Questions Answered nationally. Dr. S. H. Hay, of Ilotorua, said he had seen Sir George at Rotorua in May last, some time after Sir George had had /* stroke. Witness had had no difficulty in understanding Sir George, who had answered questions clearly and readily. Witness said he had later frequently conversed with Sir George, who had always spoken intelligently. Witness never saw any 'signs of failing mentality. George Urquhart, solicitor, Rotorua, Kaid ho had been called in on May 12 last to attest the signature of Sir George in connection \vith a land transfer. He was sure he understood the dealing. Witness attested tho signatures on further documents, and on each occasion .Sir George was perfectly rational. Hugh McLean Campbell, sheepfarmer, Hawke/s Hay, said he had known Sir Ceurgo intimately for at least 30 years. Witness went to see him soon after he had had a stroke, and formed tho impression that, apart from some paleness, Sir George looked fairly well. Mentally Sir George had appeared to bo quite the same as usual. The main topics of discussion were politics and farming. Witness did not remember his attending any Party conferences during that period. James McNutt, sheepfarmer, Hawke's Bay, said' he had known Sir George all his life. ' He visited him in February last, with the idea of purchasing part of Porangahsu station. Sir George had discussed the proposed transaction quite clearly, and in witness' opinion his mental condition was as good as over. tan Wallace Nicol Mackie, solicitor, Waipukurau, detailed an interview he, in company with other people, had had with Sir 6eorgo in February, concerning land transactions. Sir George was perfectly clear' in his conversation.

WJiflSi the Court resumed this evening *vi(lerfce was board from Charles 11. Patterson, sheepfarmer, Waipawa, who said ho had seen Sir George after tho County Council's conference in July last,

when he had discussed various questions. Sir George had spoken as intelligently as usual, and witness had observed no chango in him. Similar evidence was given by Harry Parsons, farmer, Hawke'a Bay, concerning transactions relating to the purchase oi land. To Mr. Watson, witness said that both price and terms had been given to Mr. Dunn before Sir George had been seen. All that Sir George bad had to do was to say " Yes " or " No " to the proposals. William George Nightingale, journalist and secretary of the Waipukurau Jockey Club, said he had known Sir George for 30 years. Witness had seen him in January, nnil had discussed various topics, principally racing, at Waipukurau. He bad appeared quite rational. Witness had also seen Sir George in March and July, when racing matters bad again been discussed. Counsel: Who did most of the talking ? Witness: I did. When I took a rest he asked me questions. William Duncan Fleming, sheepfarmer, Waipukurau, and Frederick Leo Selby, stock buyer, Dannevirkc, also gave similar evidence. Answering Mr. Gray, Mr. Selby said Sir Georgo had told him he intended to give substantial wedding gifts to " the boys," who, witness said, were Cyril and Paul Hunter. This conversation took place about 17 years ago. Georgo McKenzie, wool classer, Wellingtun, detailed threo interviews lie had had with Sir George. Ho said he had formed the impression that Sir George was in no way failing. The Court was then adjourned until to-morrow.