DECLARED INVALID.

New Zealand Herald, Volume LXVIII, Issue 20978, 15 September 1931, Page 12

DECLARED INVALID.

ROTORUA FARMER'S WILL. FAMILY IN AGREEMENT. ESTATE WORTH OVER £17,000. [from our own correspondent.] HAMILTON, Mondny. By an order of the Supreme Court today, the final will of Edwin James Robertson, farmer, Rotorua, was declared invalid, and probate ,was granted of a will and codicil prepared by deceased four years earlier. Tho order was made by the consent of all the parties concerned, who were the widow, two sons and a daughter. Mr. Davys explained that on August 13, 1924, the deceased signed a will which he had given tho most careful attention. In this ho made adequate provision for his widow and three children. On July 10, 1925, he became very ill, while ho was negotiating for tho purchase of a farm at Matamata for ono of his sons. He thought he was going to die, and when in a very weak physical condition he hurriedly prepared a home-made will which bequeathed the whole of his estate to his wife, and did not provide for his children. This will did not coincide with deceased's expressed wishes, as did tho document prepared in 1924. The estate was valued at between £17,000 and £20,000, and consisted of £2065 in cash, £6OO life insurance money, and numerous mortgages and other assets. After reading the affidavits submitted, Mr. Justice Smith said he was satisfied that deceased was not of sound, disposing mind, and was of insufficient testamentary capacity when he prepared the last will. The document was declared invalid, and probate was granted of the first will. Costs were ordered to bo paid out of the estate.