LENGTHY EVIDENCE

Otago Daily Times, Issue 22738, 26 November 1935, Page 9

LENGTHY EVIDENCE

INVOLVED WILL CASE ELDERLY MAN'S BEQUESTS Further lengthy evidence was heard in the Supremo Court before his Honor Mr Justice Kennedy yesterday in the case in which Sylvia Godfrey, one of the beneficiaries under the will, is asking the court to grant letters of administration in solemn form in the estate of John M'Nickle, a retired farmer, who died in Dunedin in October, 1934, at the age of 94. The will, the last of a number of such duiiments, was made shortly before the death of the testator. The executors of the will refused to r.pply for probate, on the ground that the testator was of unsound mind when the will was made, arid it was alleged also that undue i.ifluence had been brought to bear on him in the making of the will. It was stated by counsel at the opening of the case that objection was : pparently taken -o the bequests to Miss Godfrey, who had been left £3OO, and to Mrs Mary Wassell to whom a house and property had been bequeathed, as neither of these beneficiaries was a relative of the testator. Messrs J. S. Sinclair and R. D. Jamieson are appearing for the plaintiff (Miss Godfrey), and the defendants are represented as follows: —James M'Nickle and Annie M'Nickle, of Ireland, and Jlary Wassell (Mr A. N. Haggitt), Verna G. Livingston (Mr C. L. Calvert), Eva M'Nickle (Mr F. B. Adams), Robert Livingston, Alma Clara Livingston, Elizabeth Scott and George Livingston (Mr F. C. Dawson). Mr Dawson is also appealing for the trustees, Alfred Miller and Donald Hutcheon, who, he stated at the beginning of the case, would take no part in the proceedings and would abide by the decision of the court. Particulars of a will made with the Perpetual Trustees and Agency Company wore given by Alexander Frederick Lindsay, who was continuing his evidence from Friday. When the will had been made, witness said, M'Nickle asked whether it prevented him from making presents to anyone if ho wished to do so. When asked whether there was anyone he had in mind to make a present to he replied that he could not think of anyone at the time. ' Shortly afterwards, when he visited witness, the deceased could not remember the provisions of that will. Some time later, when M'Nickle visited witness, he appeared to be worried and stated that he had signed two papers for " those people in his house " to draw some of his money from the bank. He stated afterwards that " that woman" in his house had his bank books. It was some time later, witness added, that the deceased - gave him power of attorney to assist him in conducting his financial affairs. About this time M'Nickle repeated a previous statement that the people in his house were worrying him about an account of £9O for alterations. Witness had never been able, however, to find out what those alterations were. On one occasion, after M'Nickle had come to him in an agitated state, witness went out to the house, where Mrs Wassell informed him that M'Nickle had put his financial affairs in her hands. She refused to produce the deceased's bank pass books, and when witness asked her whether she had any accounts for M'Nickle he was told to mind his own business. 4

Jessie Mabel Hutcheon, wife of one of the trustees, stated in evidence that the deceased complained to her that, Mrs Wassell wanted his house. Witness added that she knew Mrs Wassell had turned M'Xickle's relatives away from him.

Evidence was also given by George Henry Elliffe, district public trustee, and Leslie Christie, accountant in the Dunedin branch of the Bank of New South Wale's.

The case was adjourned until this morning.