DISPUTE OVER WILL

New Zealand Herald, Volume LXXV, Issue 23072, 24 June 1938, Page 17

DISPUTE OVER WILL

pAction brought by son |a case from whangarei •| An action to have probate of the will of a Whangarei settler revoked and to have the will declared null and void was begun before Mr. Justice Reed in the Supreme Court yesterday. Plaintiff was Thomas Holley, farmer, of Putaruru, only son of the late Charles Holley, settler, of Whangarei, and defendants were Charles Stanley Lovatt, Raw-miller, of Whangarei, trustee of the estate, JiJizabeth Jane Ilichards, widow, of Whangarei, a daughter of deceased, and Clifford Knew, book-keeper, of Whangarei, son-in-law of deceased. Plaintiff was represented by Mr. Wilson, and the defendants by Mr. Trimmer, of Whangarei. Charles Holley died ort July 21, 1936, and left an estate valued at £560 which consisted of an equity in a house property at Whangarei. Plaintiff alleged that on December 23, 1932, his father hjid purported to sign by mark a testamentary document but that at the time he was not of sound mind, memor3' and understanding. He'further alleged that deceased did not know or approve of the contents of the will and that he was then suffering from a material delusion that he financially assisted plaintiff during his lifetime. It was further claimed that the will was not properly executed. Plaintiff therefore prayed that probate granted on September 10, 1936, be revoked, and that the will be declared null and void. He asked for costs and such further' relief as was considered just. The defence claimed that deceased did sign the will liy mark. It was denied that ho was unsound mentally or that he was suffering from a delusion, and it was also claimed that the will was properly executed, / • Mr, Trimmer said that Lovatt, as trustee of the estate, was taking no part in the action and would abide ny the decision of the Court. The action was being contested b3' Mrs. Richards and Knew.

After calling several witnesses Mr. Trimmer submitted that he had given prima facii? prooj; that the will had been duly executed and that deceased had testamentary capacity. His Honor agreed that such prima facie proof had teen given. Evidence for the plaintiff was being heard when the case was adjourned until this morning.