WOMAN BARRISTER

New Zealand Herald, Volume LXXIII, Issue 22543, 7 October 1936, Page 17

WOMAN BARRISTER

CASE CONDUCTED FIRST IN AUCKLAND MISS M. HOLLWAY IN COURT For the first time in the history of the Auckland bar a woman barrister appeared in the Supreme Court yesterday to conduct a case in civil proceedings. She was Miss Marion van B. Hollway, of the firm of Tliorne, Thome, White and Clark-Walker. The occasion attracted no public attention, and Miss Hollway made her debut in Court examination of witnesses in the presence of a limited and strictly official audience. Though Miss Holl way's participation in a contested case is unique so far as Auckland is concerned, it is not unique for the Dominion, as other women have accepted such responsibilities, notably Mit>s Ethel Benjamin, of Dunedin. Miss Hollway, who is a Bachelor of Laws, was admitted to the bar in March, 19.'t."{. The dress of women barristers is prescribed in a ruling of the General Council of the English bar of li>22. This directs the wearing of the ordinary wig and gown, the wig to be worn so as completely to conceal the hair. Plain Dark Dress The dress must be plain black or very dark, high to the neck and with long sleeves. The only distinguishing feature about Miss Hollway's attire yesterday was a double white silk collar.

One other Auckland woman, Miss 0. V. Nelson, was admitted as a barrister here ii few months ago. The fact that the profession is fully open to both sexes is recognised by the Law Society, which has provided a separate robing room for women in its new library building. The case yesterday was one of a family dispute over wills, and involved the question of testamentary capacity. It was heard by Mr. Justice Fair. The wills were those of Mrs. Ellen Hastings Sloan, who died on March 30, 1935, leaving an estate valued at under £2OO. The first of the two wills in dispute was executed by her in February of last year in hospital, shortly before she "underwent an operation, and it named her son, William Desmond Sloan, as executor. The Second Will Subsequently another will, in which another son, James Hastings Sloan, was named as executor, was drawn up and was signed by her 10 days before her death. An order nisi was made granting probate of. the first will, but J. li. Sloan, for whom Miss Hollway appeared, propounded the second will as valid.

Mr. C. E. Clarke, for W. D. Sloan, executor under the first will, alleged that the second will had been obtained by undue influence and that the testatrix was not in full possession of her faculties at the time.

Mr. Clarke was given permission to examine witnesses on affidavits they had put in regarding the circumstances of the wills. When he had concluded M iss Hollway was allowed to call several witnesses for similar examination on their affidavits. She had not concluded when the Court adjourned until this morning.