WILL IN DISPUTE

New Zealand Herald, Volume LXXIII, Issue 22540, 3 October 1936, Page 15

WILL IN DISPUTE

HEARING IN WELLINGTON CASE FOR APPELLANTS [BY TELEGRAPH PRESS ASSOCIATION] WELLINGTON, Friday In the case Robert Keith Cleinow, of Auckland, and others, versus the Guardian Trust and others, before the Court of Appeal, counsel for appellants (Mr. Hogerson) made a series of submissions to-day. The care concerns legacies totalling £950 under the will of James Joseph Burt Bcale, of Auckland, which were granted appellants in tlio will, but not in subsequent codicils. In the Supreme Court case at Auckland the testamentary capacity of ; IJcale, who was 72 years of ago at I the time of his death, and had made ! the codicils a few months prior to his i demise, was questioned, but ]\lr. Jus- : ticc Callan granted probate of the will I and both codicils, it is against this granting of probate that the appeal is being lodged. Mr. Rogcrson held that there was a general unsoundness of mind, which rendered invalid both the codicils which ivere attacked in the present proceedings, and, if that were not established, that there was a partial or delusional insanity, which had the same effect, rho submissions were considered in detail with respect to both codicils. It ivas contended that deceased had been differing from delusions of a general nature on a variety of subjects. After the completion of the case for lppcllants the Court adjourned until Monday.