WILL CHALLENGED

New Zealand Herald, Volume LXX, Issue 21562, 5 August 1933, Page 12

WILL CHALLENGED

JUDGE GRANTS PROBATE [by telegraph—rnEss association] WELLINGTON, Friday After a hearing in tho Supremo Court lasting three clays, Mr. Justice Ostler has given his decision in a caso of. William Ormsby Fisher, labourer, of Wellington, against Charlotte Lynch, of Johnsonvillo, in regard to the estate of the late Elizabeth Archibald, widow, of Wellington. Tho action was for the purpose of proving a will executed by the testatrix on April 7, 1933. Mrs. Lynch, one of the principal legatees in a prior will, Hated September 8, 1930, had lodged caveat against the granting of probato in respect to the will. Ilcr defence to plaintiff's claim was, firstly, that at the time of the will dated April 7, 1933, testatrix was not of sound mind; secondly, that the execution of the will had boon obtained by the undue influence of the plaintiff, Fisher. In his judgment, His Honor held that plaintiff had discharged the onus upon him of establishing to the satisfaction of tho Court that the testatrix was of testamentary capacity at tho time of the execution of tho will. Accordingly, His Honor made a declaration that the will executed on April 7, 1933, was valid. Costs wero awarded to plaintiff.