WILLS CONTESTED

New Zealand Herald, Volume LXXVI, Issue 23295, 14 March 1939, Page 12

WILLS CONTESTED

VALIDITY IN QUESTION CONDITION OF TESTATOR SUPREME COURT ACTION ESTATE EXCEEDING £IBOO An application to have two of a deceased person's three wills declared invalid on tho ground that they were made when the testator was in an unsound mind was heard by Mr. Justice Callan in the Supreme Court yesterday. The applicant was Robert King, trust manager of the New Zealand Insurance Company, as administrators of the estate of Hubert Victor Bartlett (Mr. Finlay), and tho defendant was Mrs. Rayner Woolfe Skinner, of Auckland (Mr. Quartle.y). Mr. Bartlett was a bachelor and died in Auckland on October 10, 1937. In his statement, plaintiff said that in 1924 Mr. Bartlett executed a will bequeathing all his real and personal property to his brother and sister, equally as tenants in common, and appointed his brother as his sole executor. Tho brother and sister lived in England and both died prior to the testator. The next of kin were tho three children of tho brother, all of whom lived in England. Letters of administration of the estate were granted by tho Supreme Court to plaintiff in 1938. Plaintiff's Oase Plaintiff added that Mr. Bartlett was committed to the Auckland Mental Hospital in 1931 suffering from a senile delusional condition and remained there until September 9, 1932, when he was released on probation to tho care of defendant. He was "discharged relieved" on February 24, 1933. Defendant notified him on July 4, 1938, stated plaintiff, that she held a document purporting to be a will of Mr. Bartlett, dated August 28, 1937, leaving his "personal property" to her. On July 27, 19138, she notified him that she held a further document purporting to be a will signed by Mr. Bartlett leaving "all his personal belongings" to her. It was alleged by plaintiff that when Mr. Bartlett signed these documents he was not of sound mind or testamentary capacity, and accordingly asked that they bo declared invalid. He also sought for a decree that Mr. Bartlett died intestate and that the letters of administration granted to him be confirmed. Public Trustee Control of Estate

In outlining the case, Mr. Finlay said that the 1924 will was made in the presence of Mr. Wilkin. After Mr. Bartlett's discharge from the mental hospital in 1933, the Public Trustee wrote to him explaining what medical certificates would be required relating to his health before control of his estate would be relinquished. Nothing was heard from him and the Public Trustee remained in control until his death. Defendant told Mr. Peake, her solicitor, in 1937 that Mr. Bartlett was living in a whare in her back yard and that he wished to make a will in her favour, said Mr. Finlay. Mr. Peake called on Mr. Bartlett and found him in bed obviously ill, and, in Mr. Peake's opinion, incapable of coherent thought. Mr. Peake gathered that Mr. Bartlett did not want to make a will, but wished £25 to be paid to defendant, Mr. Finlay added. He saw Mr. Campbell of the Public Trust Office, telling him that, he did not intend to make a will, and mentioning the question of the £25 as Mr. Bartlett had stressed defendant's care of him. Mr. Bartlett was latei seen by Dr. T. H. Pettit, who found him in pain and suffering from a broken leg. Hospital's Report

Dr. Pettit had him admitted to the Auckland Hospital, where he was recorded as "sub-normal mentality, irrational, strapped to cot, removed to cells, noisy at night, and repeated questions put to him without knowing the answer." Ho was later discharged to defendant's care, but under Dr. Pettit. While Mr. Bartlett was in hospital defendant had mentioned more than onco to Dr. Pettit that he wished to make a will in her favour and Dr. Pettit discussed the matter with Mr. Campbell and Mr. Wilkin. Mr. Bartlett was again admitted to the Public Hospital on October 5, 1937, suffering from seizures and he died on October 10. Subsequently letters of administration were granted to the New Zealand Insurance Company. A search of Mr. Bartlett's whare was made by Mr. Wilkin, but nothing of a testamentary nature was found and the existence of the new wills was not known until July, 1938. When the estate was being settled by the Public Trustee an account for £36 had been lodged by defendant. Evidence corroborating Mr. Finlay's statement was given by several witnesses.. Alan Cleland Wilkin said that when defendant called on him three days after Mr. Bartlett's death he told her that any will made of recent years could not be of any use. She did not mention at that stage that she hsd a will. Disclosure of Documents Witness hoard of another, will in July. 1938, and wrote to defendant asking why she had not disclosed it. He was advised by Mr. Quartley that there were two wills which defendant had had in an envelope. She had not known, however, what the envelope contained, and accordingly had not disclosed the wills earlier.

Lester Waby Peake, solicitor, said that when ho went to see Mr. Bartlett at defendant's request lie found hitn very deaf and difficult to converse ■with. He seemed subject to spasms of crying out and twisting on his bed. Witness found difficulty in keening him to the point of making his will, as he said there was no hurry about it. His immediate concern was the payment of £25 to defendant for looking after him. Donald Campbell, solicitor, of the Public Trust Office, said the gross value of the estate was about £IBOO to £I9OO.

Further evidence relating to-Mr. Bartlett's condition was given bv Dr. T. H. Pettit, Dr. J. W. Craven and Dr. T. G. Short. The case for the defence will be heard to-day.