LEGAL FIGHT OVER HUNTER WILL

NZ Truth, Issue 1305, 18 December 1930, Page 7

LEGAL FIGHT OVER HUNTER WILL

Witnesses Testify As To Mental Ability of Late Sir George Hunter To Execute Document

"HAD GREAT CONFIDENCE IN HIS WIFE"

(From "N.Z. Truth's" Special Wellington Representative.) The case at present m progress before his Honor Mr. Justice Reed, m wjiich Lady Hunter, widow of the late Sir George Hunter, well-known station owner and Reform political stalwart, is challenging the will of her late husband, will undoubtedly go down m legal history as one of the most interesting and protracted will disputes heard m New Zealand for a number of years. , / .-•."" On the grounds that Sir George was of unsound mind and memory when he made his last will and testament, the widow, as third trustee m the extensive estate, is opposing probate for which application has been made by the other two trustees. x

AFTER a hearing lasting nearly a week, the case was adjourned three weeks ago owing to his Honor's departure from Wellington on circuit,, and it was resumed again on Monday, with every prospect of occupying another week before it is concluded. Of the evidence, heard during the first two days of the resumed hearing, chief interest has attached to that of Thomas Percy Hunter, one of the trustees m the estate and a nephew of the late -.Sir' George, and Dr. Hughes Steele, well-known Wellington medical practitioner, who attended Sir George during the lengthy illness which followed his stroke and the shorter illness which preceded his death. Dr. Steele was under cross-examination when this edition went to press. Mr. A. ' Gray, K.C., arid with him Mr. W. N. Matthews, appeared for the plaintiffs, Cyril Paul and Thomas Percy Hunter, and Mr. G. G. Watson,' with him Mr. H. J. V. James, opposed the application on behalf of Lady Hunter. Mr. W. Perry appeared for little Betty Hunter, the child of the marriage. Gwendoline Hunter, wife of . Thomas Percy Hurit'er, said she had known Sir George Hunter for 18 years. With her husband, she called to see the deceased early m December, 1929, and at that time, said witness, he was looking better and conversed quite well. \ - To Mr. Watson, Mrs. Hunter said Sir George looked frail and a little drawn m the face, but he was much better than she expected to see him. Mr. Watson: Were you warned not to tire him? — No. Did you notice any difficulty m speech? — There was a slight hesitation. What do you mean by "hesitation"? — He was slower m his speech. Did he look better . when you saw him again on June 3?— Yes. Physically much better? — Yes. Etta Gwendolin List, accountant at Bethune and Hunter's, told Mr. Gray that she remembered Sir George calling m April and going into the meeting room with^Mr. Dunn for about 10 minutes. . Mr. Dunn then came to her and said he wanted her to witness Sir George's mark to fwo codicils which Mr. Dunn had read over to Sir George. Attestation clauses were then read out which were signed by witness and Mr. Dunn. Mr. Watson:. You were Mr. Dunn!s commercial accountant: — Yes. «^You -da not know anything relating to the legal side of the business?— Not m the legal sense. Then when you talk about "attestation clauses" and "testamentary capacity," these are legal phrases that you haVe been told? — Not exactly. Sir George looked thin and frail continued witness. When he called at the office on this occasion it was the first time she had seen him since! his stroke. Sir George greeted her with a "good morning" when he came m. , Further' questioned concerning Sir George's mental powers Mrs. List said

"HULLO, CYRIL'

she thought the attestation clause was put m because Sir George could not sign his name. Thomas Percy Hunter, twin brother of; Cyril and one of the plaintiff trustees m the case, said he had known Sir George intimately as far back as he could remember.. Witness heard of Sir George's stroke and saw him on September 30—4 days afterwards. Lady- Hunter gave him permission to see Sir George. * He wanted to find out what arrangements Sir George had made about the shearing. Deceased was looking flushed and was a very sick man. ; "When I entered the room he said 'Hullo, Cyril.' I pointed out . I was Percy, but he had made that mistake before. Sir George said, 'My word, Percy, I. have had . a nasty stroke.'"' Witness pointed out that the word "nasty" .was a familiar one with Sir George. He often used it m referring to a "nasty cold," for instance. "Sir George told me how far the mustering had gone," continued witness, "and how he wanted the sheep to go through the shed. He was inclined to overdo the talking, and I told him I would find it all * d\it when I got home." ' During the business discussion that followed, Sir George's speech was not good, but- Mr. Hunter said he did not require Sir George to repeat himself. Sir George had no m understanding what witness said. Of that there was no doubt. In consultation with Lady Hunter and Dr. Steele, it was suggested that other medical advice be sought, and Dr.; Steele rang up Dr. Giesen. Dr. Giesen arrived and examined Sir George, afterwards remarking: "Well, this stroke -won't kill him." Dr. Giesen had also remarked that if Sir George liked to "live like a cabbage," he would be good for many years yet. By this he understood the doctor to mean if he lead a life of inactivity, but the doctor never suggested Sir George should do it. Dr. Giesen said it was preferable that a man .live a few years of enjoyment than live 10 years m misery. To Mr. Watson, Percy Hunter said it was quite a common thing for Sir George to mistake him for his brother and vice versa. It was quite a natural occurrence. Can you remember what Dr. Steele's opinion was concerning Sir George's chance of recovery ?— I cannot remember what he told me. Did you have any conversation with either of the nurses at that time about Sir. George's condition ?— I don't think so. . You locate the dates of your second visit to Sir George as November 8 and 10, and your brother fixes it at November 10 and 12. Which* is correct? — I think I am. ■ On. general principles? — No; I looked up my wife's diary. You can always go. by diaries. Wives* diaries?— My wife's. (Laughter.)

Hunter said that as Sir George's physical health improved, so his ability for .* mental exertion became greater. Sir George became as mentally vigorous after his illness as he was before, but witness could not tell at what period. What was Sir George generally doing when you called to see" hihi? — He may 'have been sitting on a chair on the veranda. Never on any occasion was he reading? — I could not say. His Honor: Were there any papers about? — Yes, always. He was generally well informed. Continuing, witness said Sir George was brighter and v seemed m better health after his return from Rotorua. Coming to the matter of the will, Hunter said he knew that Lady Hunter 'was better off under the October will than under the November one. Lady Hunter was very concerned at the prospect of paying double death duty, was she not? — She pointed out this fault m the will. Was. she not also concerned about her own health at that time? — I don't remember. A She pointed out that m the event of her death there would be very little left for Betty and the Hunter family? —Yes. Sir George had great confidence m his wife and possibly contemplated her occupying the Dixon Street property with Betty, witness told counsel. ) Mr. Watson: If Mr. Dunn wrote demanding from Lady Hunter £15 a week as rent for Dixon Street, did he do that without your knowledge and consent? — Yes. Lady Hunter had written asking to have the place valued for rental purposes, witness intimated. His Honor, perusing a letter, said it appeared that Mr. Dunn had pointed out the property would have to be let for that amount to benefit Betty's interests. - * ' i Witness said he could not give any definite idea as to what the city properties were worth. If Mr. Dunn had set down Dixon Street at £23,000, he (witness) | would not like to give that price for it.

.^iiiiiiiumiunniiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiiiiniui! To Mr. Gray, witness said Sir George would never agree to the 300-acre homestead block being taken for a lemon farm. Called when the case resumed on Tuesday, Alice West, a professional nurse, said that she nursed »Sir George for three months after his stroke. When she was called to the Dixon Street house she found Sir George lying on his back and m what the witness characterised as "a sleepy condition." After about six days, however, Sir, George brightened up considerably and was able to answer questions intelligently, although under the doctor's instructions, the nurses endeavored to anticipate the patient's wants rather than ask him questions. "Sir George showed steady improvement tnroughout his illness," said Nurse West after describing the treatment given the patient under the doctor's directions. The nurse said that she remembered Mr. Dunn cpmirig to the house, during this illness, and as far as she could recollect his visit was m connection with a will. As a result of Lady Hunter's suggestion that an independent medical opinion should be obtained, Dr. Giesen had been called m and after his visit had remarked, referring to Sir George's condition, that the patient was "all right." Sir George was not specially prepared for the reading of the first will, continued the nurse ; he was lying m bed, but she could not remember whether he was propped up or not. With Lady Hunter, Nurse West said she then retired and waited while Mr. Dunn was with Sir George. After it was all over, Sir George remarked, "Well, it is all over now, and I am none the worse for the ordeal." She remembered a long interview between Sir George and Mr. Dunn, Nurse West said. After this interview, she* remarked to Lady Hunter that she hoped the talking would not affect the patient, whereupon Lady Hunter replied, "Oh, well, West, everybody will be happy now, and I have got Sir George to leave Bobby some." Mr. Gray: Who was Bobby? — Lady Hunter's younger son. One morning quite early, Sir George asked her whether she would mind witnessing his will, and this she duly did. There were present at the signing Dr. Steele, Mr. Dunn, and the witness. Mr. Dunn first handed the pen to the witness, and asked her whether she considered Sir George was m a fit state to know what he was doing. "I considered that the doctor should sign first," said Nurse West, "co I sug-

gested to Mr. Dunn.. that, he should do so. I handed the pen to Dr. Steele and Mr. Dunn . put the same question to him as he had to me?' Continuing, the nurse said .that the doctor had replied that he considered Sir George was quite aware of what he was doing and the will was duly signed. She could not rememeber. Sir. George saying anything, but he. made his mark on the different pages of the will. His Honor: Could he not say any-, thing? — I do not remember. . After it was oyer, how did Sir George seem? — Not very bright. He asked me whether I had ever. signed a will before with so many pages m it. You said something about his mentioning another will? — Yes, he said he would like to practise his signature" and have a will properly ' signed. He said it would never do for a Hunter to have a will without a proper signature. . Before going to bed that night, did Sir George say anything? — Yes, .'he* said, "I am hot satisfied with that will. I must see Dunn." ' Did he say anything else?— Yes, he said, "You know there are a lot of things to be considered m making a will. I have got to consider niy two nephews, who have .been very good to me m looking . after the; farm while I have been ill or while I*have been attending Parliament." When was this said?— Two or three days later, I think.. - Did he say anything about going anywhere? — Yes, hie said, "How long do you think it will be, sister, before I will be able to get down to Dunn's office." He also ' wanted to know whether he would be able to go alone. The witness added that she told Sir George that she supposed he wbuld shprtly be able to get ;. about with a Mr. Gray: „So far as you could see, Miss West, did Sir George show any signs of failing .mentality?— No, he was improving all the time. And when ybu left, nurse, on Devember 19, what 'condition ; was .Sir George m? — An advanced state bf conQuite recently, Lady Hvititer had rung her up, said the witness, and ad-^ iMiiiiHiiiHHliiiniimiiHiiiHiinHiniiuiiinnwiiiiiiiiiiiHiiinnimiiiiimmiig

iinniiiiHiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiii. vised her that she was contesting the will. -'.."_' "She said that Sir George had "bested" her on the day that they were going to Rotorua. and had revoked the part concerning Betty, while he had left his nephews. £5000 each," she said. Questioned further, Nurse West said that Lady Hunter had told her that Sir George had gone into town with the chauffeur and the. day nurse and had. gone to Mr. Dunn's office, where he had changed the will. To Mr. Watson, the witness said that she considered that when the first will was made on October 12, Sir George was quite capable of carrying it out, with the assistance of his lawyer. Under further .questioning, Nurse West said that Sir George was bright and alert, and could talk fluently about\ anything concerned with his station or his condition. She said that she could not remember his becoming despondent and crying about his condition. A masseuse, Adeline O'Connor', said that she had attended Sir George for about six- months, paying daWy visits to the house m Dixon Street. Sir George had , improved •'. considerably under her massage, and had appeared quite normal and rational m his conversation. • Similar evidence was given by Maud Mitchell, another masseuse, >who attended Sir George after, his return from Rotorua early- this year and before his last fatal illness. The next* witness was "Dr. Hughes Steele, medical adviser to Sir George, during his illness. The doctor said that when he was first called to attend Sir George after his stroke, the patient was m a semicomatose condition, but was never really unconscious. The major part of his stupor had departed m a few days — it was really a staight-forward case with straight-forward improve- j ment. Mr. Gray: After he began to- improve, had you any anxiety about him? — No. * One of Sir George's nephews — the doctor said he was unable to say which — suggested that another medical man should be called m, and as the witness concurred m this, Dr. Giesen was called m. Dr. Giesen supported witness m his diagnosis and treatment of the case. At an early stage m the treatment, both Sir George and Lady Hunter told him that they wished to "fix-up" a will, and the doctor said that he told them he would indicate when Sir George was sufficiently well to do this. "None whatever," replied the doctor emphatically when asked whether Sir

George showd any sign df mental impairment during his treatment. . : About October 10, said the doctor, he told Lady Hunter that Sir George was then capable of adjusting his will, but m order to , ensure that this was correct, he, asked Dr. Giesen to examine, the patient independently and" give a." certificate as, to Sir George's testamentary capacity. ' It was his" own idea, added Dr. Steele, that this certificate should be affixed to the will; but Mr. Dunn advised that this would not be necessary. • Dr. Giesen reported verbally, to him that Sir George was "all correct" and on October 12 it was arranged that the will should be signed and witnessed. Witness and Dr. Giesen were to witness the signature, but as Dr. Giesen could not : attend, a Dr. McDonald was the- second witness. Mr.. Gray: Were you satisfied that Sir George knew what he was doing?; — Absolutely. Do you -think ..that Sir -George, at that time,; was capable of understanding v testamentary depositions of his ow:h property?— Understand it! Tes! Continuing, the doctor said that the flrst he heard of the execution of. a second will- was when he was. asked to .attest this document. This Ihe did, ; - Nurse WestibteingCtfte second ...witness^- 1 ' Oft this occasion^^Jsd, the; doctor said he considered that Sir- George "was quite capable of signing a will. Sir George appeared to be quite all right after the process of executing the will was completed. Politics and his station practically absorbed . all Sir: George's attention, said Dr. Steele when questioned regarding his late' patient's activities. He was a very reticent man who required a lot- of" knowing. When Sir George returned from Rotorua he appeared much brighter and his mentallethargy seemed greatly I lessened. ** Sir George had desired to resume his seat m the ifouse, and as . he had complete control of Ms mental I faculties, the doctor said that he told | Sit* George it would be m order for. him to go. ■ | > "There was never any report concerning Sir George's mental condition .until this case," said Dr. Steele, who addedvthat although Lady Hunter "had c.bme to see him about the Iwili.. she: had. said nothing about the testator's alleged mental impairment, but ,had referred only to its injustice. v-'Mr. Watson: Your present opinion is, Dr. Steele, that Sir George Hunter i suffered no 'mental impairment through his stroke? — Sir George Hunter never "had a mental impairment. To-day you ,' have expressed the opinion that Sir George Hunter had full - testamentary capacity when he signed the wills? — Under the conditions under which the will was signed, yes. " .;• • That has not always been your opinion, has it?— Medically, I considered that he had testamiehtary capacity, but I- did not know whether the

"1 AGREE "

I legal side was correct. I have since found out that I. was correct. So that your opinion to-day is the same as- it has always been — you. have never changed your medical opinion from start to finish?— : Yes. Lady Hunter came to see you as to! whether the will could be . upset or hot, did she- not? — Yes, ' she came. to see me about the will. . And you sent her to me? — Yes. i Subsequently, you came to see me lin order to discuss Jt?— No,* you came to see .me. - No, pardon " me, you came to see me. .1 do not even- know where you live. Did I come to see you? — Yes, you are right. I have seen 'so many i lawyers. * '..--*' I Further questioned, Dr. Steele said that there was a 'conference between Drs. Giesen, McDonald and himself with Messrs'. Watson and James representing Lady Hunter, during which the will and Sir George's testamentary capacity were discussed. * Mr. Watson: At that conference,, did you not express the opinion that Sir George had no testamentary capacity?— No. -We were discussing the definition of a will. I want you to explain what you said at the conference? — At the conference, the question of Sir George's testamentary capacity came up. We did not know that there was ever a previous will— most of the discussion wa,s based on conjecture. I - did'- not know at the time whether Sir. George was allowed legally to make his will the way he had done. I was under-^ the impression at the time that it was a very complicated will, which it wasn't. Following -this explanation, Mr. Watson produced a document which he showed to Dr. Steele, *who acknowledged that he had signed it. Mr. Watson: Is this your statement? — That * is '*' riot niy statement — it is a written composition compiled by you. Further pressed, the doctor said that he was well aware of the contents of the document, and that he was quite prepared to acknowledge it so long as he was permitted to give his explanation for some of the statements which it contained. % Finally, he consented to read the paper, which was a report of the views upon Sir George Hunter's: condition allegedly expressed by the doctor at the time of the conference already mentioned. In the course of it a statement was made that Sir George Hunter was utterly incapable of sus^ tamed thought after his stroke, and that his mind was receptive but not. creative. "I agree with that. I agree with every word," stated the doctor definitely: when he. had completed reading. Replying further to' Mr. Watson, the witness admitted ,that the statement had ' been forwarded to him with a covering letter inviting him. to. make any necessary alterations. Mr. Watson: You told me that it was O.K.?— Yes, working under the impression which I had at that time. At this point his Honor intimated that he would take the adjournment and- the Court rose until Wednesday morning?. .