WILL IN DISPUTE

New Zealand Herald, Volume LXXIII, Issue 22539, 2 October 1936, Page 13

WILL IN DISPUTE

APPEAL COURT HEARING LEGACIES TOTALLING £950 [BY TELEGRAPH —PRESS ASSOCIATION*] WELLINGTON, Thursday The Appeal Court to-day commenced hearing the appeal of Robert Keith Clemow, of Auckland, and others, versus the Guardian Trust and others. The case concerns legacies totalling £950 under the will of James Joseph Burt Beale, of Auckland, which were granted appellants in the will but not in subsequent codicils. In the Supreme Court case at Auckland the testamentary capacity of Beale, who was 72 years of age at the time of his death and had made the codicils a few months prior to his demise, was questioned, but Mr. Justice Callan granted probate of the will and both codicils. It is against this granting of probate that the appeal is being lodged. Mr. H. M. Rogerson. of Auckland, for appellants, contended that the evidence in the Supreme Court case proved that at the time the codicils werfe executed, the testator's mind was poisoned and his sense of justice was perverted. Counsel proceeded throughout the afternoon to deal with the evidence given in the Court below. The Court adjourned until to-morrow.