A WILL CASE

Otago Daily Times, Issue 21431, 4 September 1931, Page 10

A WILL CASE

SUPREME COURT DECISION EQUAL DIVISION UPHELD. (Per United Press Association.) CHRISTCHURCH. September 3. The hearing has been concluded of an interesting case concerning the will of Charles John Derry, a retired railway servant. Under a will made by Derry on August 25, 1928, his property, now valued at £4OOO, was equally divided between his two daughters—Annie Derry, of Christchurch, and Edith Galloway, a married woman, of Dunedin. In a will made on January 24, 1929, a legacy of £SOO was left to Edith Galloway and the balance of the estate to Annie Derry. The second will was disputed by Edith Galloway, who claimed that when it was made testator was uot in full possession of his faculties, Mr Justice Adams pave judgment upholding the will of August, 1928. and nullifying that of January, 1929. "I am satisfied that the testator was capable of disposing of bis property in the first instance,” said his Honor, “but he wa? no longer capable in 1929. I will not have to pursue the point of sure. and perhaps it is just as well.”