IMPORTANT WILL CASE.

Otago Daily Times, Issue 16415, 21 June 1915, Page 4 (Supplement)

IMPORTANT WILL CASE.

NOVEL POINT DECIDED. HAMILTON, June 12. Mr Justice Cooper weus asked to decide a novel point in a will case at Hamilton to-day. A Belgian named Conrad Tcypens, who died on August 14 last year, left a will dated August 5. He bequeathed a great part of his estate to Albert Upton, farmer, Waimea, a stranger in blood. When probate was asked lor several months ago Mr Justice Cooper refused to grant it in common form, and instructed that it be applied for in solemn form, joining the Public Trustee. When the renewed application came before the judge to-day it was opposed by Mr Napier, on behalf of the next of kin, James Caughley, farmer, Woodleigh, who attested the will. He said he and one John M'Kay were present w.hen Teypens signed the will in his bedroom. Witness and M'Kay then withdrew to the kitcnen and there attested the will, as tnere was no table in the bedroom. The partition between the two room* would prevent the testator seeing him (Caughley) sign. His Honor renounced the will on the ground of defective execution, the costs of all parties to be paid out of the estate, the defendant undertaking not to oppose the letters of administration. His Honor remarked that the point had never before been raised in New Zealand. The case was a' very important one.