LETTER TO COURT

New Zealand Herald, Volume 80, Issue 24539, 23 March 1943, Page 2

LETTER TO COURT

UNUSUAL LEGAL POINT CHRISTCHURCH WILL CASE (P.A.) CHRISTCHURCH, Monday Whether a letter written some years before the making of a will and addressed to a Judge of the Supreme Court, to be delivered in the event of Court proceedings being taken under the Family Protection Act, was admissible to the Supreme Court, was a point debated before the Court this morning. The matter came up tinder the Family Protection Act, 1908, when Lilian Gertrude Helson, Christchurch, and Ethel Augusta Graham, Wanganui, married women and daughters of Jervis Wilson, proceeded against the Public Trustee as executor and trustee under the will-of the late Jervis Wilson, retired farmer, of Christchurch, for further provision on the grounds that the testator in a will dated May 2, 1941, had not made adequate provision for their maintenance and support. After hearing the opinions of counsel, Mr. Justice Nortlicroft said that in his opinion the letter did not come within the rules of contempt of Court and it should be examined. There had been no surreptitious attempt to influence the Court. He directed that the letter be handed to the registrar and opened by him in the presence of counsel. 'if then it was thought necessary that it should be presented to Court that would be the duty of the Public Trustee, who would submit an affidavit with all attendant circumstances. If, however, it was considered irrelevant the letter could be returned to the Public Trustee, said Mr. Justice Northcroft. Meanwhile the hearing would he adjourned until the parties were ready to proceed The letter was then opened by the registrar. Charities benefiting under Mr. \\ ilson's will included Dr. Barnardo's Homes, London; the Mayor's Coal and Blanket Fund, Christchurch; St. Saviour's Guild; New Zealand Institute for the Blind, Auckland; Crippled Children Society, Oxford Terrace Baptist Church, Christchurch; St. Saviour's Church of England, Christchurch; Salvation Army, Christchurch; Presbyterian Orphanage and Social Service Association, Christchurch; and the North Canterbury Hospital Board.