A WILL CASE.

Otago Daily Times, Issue 11229, 27 September 1898, Page 6

A WILL CASE.

CHPvISTCHURCH, September 13.

At the Supreme Court, Mr Justice Dermi*.; • ton sitting in Banco, heard an ■' im- .-• portent will case,. The . Public; Trus-' ' tee as executor named in. the wiU- -. of Thomas Palmer, deceased, of Tenrnka; dated December 11, 1897, claimed probate. .; The widow opposed the application, alleging that the testator was not of sound min<l at the time of the execution of the .will. The testator had committed suicide in May 1898, leaving a wife and ten children... About . 16 years ago Palmer had been committed . to Sunnyside for lunacy, and since his. re- '■• :. lease had had repeated attacks of insanity. In 1888 the testator made a will according ■■ to which the widow received an income dur- ; ing life, and after her death the estate was to be equally divided,, among the children. In 1896 symptoms of insanity' again developed, ahd'in 1897 the present will was made; under which the whole property went to ; four of the children; the widow and other six not sharing. His Honor reviewed; the ;• ■whole facts of the case, holding that'during ■'■-. the periods of insanity testator had brutally. . ill-used his wife and children, but when sane had been kind and gentle. He made ah order setting aside the will of 1897, and took ; lime to consider whether he would enforce ; tho provisions of a will of 1890, similar in." terms to the first will if 1888. His Honor... commended tho action of the Public Trustee , in the niatteiv ' : /