DISPUTED WILL

New Zealand Herald, Volume LXXIII, Issue 22544, 8 October 1936, Page 12

DISPUTED WILL

ESTATE OF SPINSTER ACTION BY TWO NIECES FAILING MEMORY ALLEGED PLAINTIFF'S CASE BEGUN [uv TELKOHAI'II —I'IIKSS ASSOCIATION] CHUISTCJIUKCII, Wednesday The hearing of the application to have probate of a will made by the late Elizabeth Smith, spinster, revoked and the will declared null and void was continued before Mr. Justice Northcroft in the Supreme Court today. The will was sworn for purposes of probate at £77,000, but at the time it was drawn up the estate was estimated at between £50,000 and £60,000. Plaintiffs are Olive Judge and Ivy Cookson, both of Christchurch, who are nieces of the testatrix, and defendant is the Guardian Trust and Executors Company of New Zealand, Limited. Plaintiffs claim that at the time the will, dated June 8, KM, was purported to have been executed, Miss Smith was not of sound mind, memory anil understanding. Henry James Biggins, accountant for the Standard Insurance Company, said ho had seen Miss Smith, who held £12,000 worth of shares in the Standard Company, rummaging at night in city rubbish tins. Claims by Counsel Mr. H. F. O'Loary, K.C., in opening tho case for plaintifls, submitted that there were circumstances about the making of the will such as to excite the suspicions of tho Court. In the first place, an order was made in respect of testatrix under the Aged and Infirm Persons Act six months before the will was made, and she was tho subject of the order at the time the will was made. Secondly, section 26 of the Act provided for the confirmation of the will of such a person by the Court. No independent instructions were given by Miss Smith to her solicitors, he said. Instructions for tbe will came from the witness, Harris, who represented the Guardian 'Jrust Company, which benefited immediately and in perpetuity under the will. "I do stress at this stage," said Mr. O'Leary, "that there was a great want of care in tho preparation of the will. The solicitor concerned should himself have taken the matter in hand. He should have had a medical examination made, and should have gone to tho Court under section 26 of the Act." Evidence of Nephew

William Sidney Smith, artist, of Sumner, a nephew of testatrix, said he had known Miss Smith for about (30 years. For 20 years he visited her every week, and for the last three years once a month. He had seen his aunt dressed in filthy rags, in strange contrast to her younger days, when she was very dainty, neat and clean. Mr. O'Lcarv: She did not look after herself personally ? Witness: No. She was in a shocking state.

Witness said that his aunt had had very little education. Her memory in later years seemed to be failing last. Her speech was disjointed, and inclined to be rambling and dreamy. It was utter nonsense to suggest that his aunt had formerly been a good business woman. She seemed to suffer under a delusion that she was poor.

Witness said that once she had said to him: "Harris is collecting dividends on my shares. 1 don't know what he is doing with the money, and 1 don't know where I stand." Later Miss Smith said: "Harris wants me to hand my atfairs over to him for all time." Witness said to her: "No, 1 wouldn't do that." Statement to Judge Later, said witness, his aunt had said she had signed a paper. Her account of it was rambling, but she said something had happened "in camera." She told witness, "The Judge asked me if I understood what I was doing, and I said 'Yes.' " Witness asked why she iiad said tins when she had not understood, and she replied: "The Judge was so nice I couldn't say no," Beforo the will was made testatrix said to witness: "Harris is worrying me about a will. ] don't know what to do. What will happen if I don't?" Witness answered that without a will her money would probably go to relatives, and she appeared to be satisfied with this probability. After the will was made, witness gathered that she was not satisfied. Witness said ho was sure his aunt had no idea of the extent of her estate. Accumulation in House Ivy Cookson, one of the plaintiffs, said she received £IOO under the will The cheque she received she returned to the Guardian Trust Company. The accumulations in her aunt's house were chiefly rubbish, skins, hits of bread, bottle-caps pieces of rag, string, paper and very dirty handkerchiefs. Witness said she visited the house frequently, and never saw a fire there, winter or summer. On one occasion Miss Smith said: "I didn't want to make a will, but Mr. Harris wanted me to." Mr. Barrowclough, for the defence: Difl she complain about Mr. Harris P Witness: She said he bossed her.

Witness added that Miss Smith had said, referring to Harris: "Ho thought it was his money." Tho Court adjourned until tomorrow.