WOMAN'S ESTATE

New Zealand Herald, Volume 78, Issue 24125, 18 November 1941, Page 8

WOMAN'S ESTATE

A DISPUTED WILL MENTAL CAPACITY ISSUE The validity of a will made by a woman in a private hospital the day before her death was contested before Mr. Justice Fair yesterday. It was alleged that the woman was in a coma at the time the will was said to have been made and that in any case she did not have the testamentary capacity necessary to make a valid will. The testatrix was Mrs. Mary McEvoy," who died on August 2, 1940, leaving an estate valued at under £BOO. On August 1 she made a will leaving all her property to her husband, John McEvoy. On behalf of the husband Mr. Armstrong applied for letters of administration. This was opposed by Mr. Henry on behalf of two nieces of the testatrix, Margaret Mary Michie and Kathleen Miehie. A number of persons who had given evidence on affidavit were submitted by Mr. Armstrong as witnesses for crossexamination. T. W. Jaffrey, a justice of the peace, who had been called in to witness Mrs. McEvoy's signature to a will on August 1, said she greeted him with, "I don't want to have anything more to do with lawyers. I want my husband to possess all I have." Witness said a Mr. Havter held her wrist while she signed.

At this stage Dr. B. O. Quinn was called to give evidence. He said that Mrs. MeEvov was in a deep state of unconsciousness two days before her death. He did not think she was able to exercise her judgment. 11. P. V. Havter said that on July 31 he prepared a will for Mrs. McEvoy at her request. She discussed it and told him she wanted to leave everything to her husband. She was exceedingly alert mentally. Because she had made a bad signature he prepared exact duplicates of the will and she signed two copies next day. A nursing sister gave evidence that earlier Mrs. McEvoy had been worrying a good deal over her property, and at Mrs. McEvoy's request witness destroyed one will she had made. Another nursing sister stated that Mrs. McEvoy understood quite well what she was doing when she signed on August 1. Called by Mr. Henry, Margaret Mary Michie, niece of the testatrix, stated that for several days prior to her death she had been in a very low condition of health. The hearing will be continued to-day.