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WILL CASES

ELDERLY SPINSTER'S ESTATE REVOCATION OF PROBATE SOUGHT EXTRACTS* READ FROM LETTERS (Per United Phess Association) CHRISTCHURCH, Oct. 6. Further evidence for the defence was given in the Supreme Court to-day during the hearing of the application to have the probate of a will allegedly made by Elizabeth Smith revoked and the will declared null and void. The plaintiffs were Olive Judge and Ivy Cookson, both. of. Christchurch, and the defendant was the Guardian Trust and Executors Company, of New Zealand, Ltd. Dr Baxter said that he met Miss Smith in the office of the South British Insurance Company in November, 1933. He had been informed previously that Miss Smith had changed several of her investments, that she had been approached'by share salesmen, and appeared to be rather carried away by them. He had a conversation with Miss Smith, and after the interview said he was not satisfied with her mental condition, and for the purpose of further observation he drove her home. Partly as a result of his conversation with Miss Smith, and partly as the result of what he had been told she was doing with her estate, he formed the opinion that she was. an easy prey for enterprising sharesalesmen, and he wrote, a report to that effect. ■' Mr Barrowclough: What did she say in regard 'to these salesmen? Witness: She regretted yielding to their persuasions, but I thought it probable she would not be able to resist them if they came back again. -, SHARE TRANSACTIONS Percy Harold Harris, manager in Christchurch of the South British Insurance Company and of the Guardian Trust and Executors Company, said that in 1933 he learned that Miss Smith was disposing of South British Insurance shares to the Investment Executive Trust. He saw her about it and she agreed to give the Guardian Trust power of attorney to administer her affairs. She also agreed to see Mr C. S. Thomas, solicitor, with the object of taking action to recover the shares. Witness learned that Miss Smith had been selling Investment Trust debentures and buying mining and flax shares, as well as shares in Publications, Ltd. An action for the recovery of the shares' was not launched because Miss Smith, after leaving Mr Thomas's office, was prevailed upon by a share salesman to stop the action, and she accepted dividends from debentures in the Investment Trust and also bought new debentures. The head office then suggested that Miss Smith should be brought under the Aged and Infirm Persons Apt " to check her financial atrocities." Witness described interviews with Miss Smith concerning her will. Mr O'Leary, for the applicants, crossexamined the witness. "What would be the commission for the Guardian TrUst in administering the estate? ' Witness: The rate is 2J per cent, on the revenue and 1 per cent, on the capital. < Mr O'Leary: Under this will there is a perpetual trust, which, si> far as we can see, the Guardian Trust will administer for evermore?—Yes. Mr O'Leary: This will means a very substantial benefit to your company? —Quite. LETTERS TO HEAD OFFICE Mr O'Leary read extracts from letters written by witness to his head office. The extracts Were as follows: — July 6, 1933: "She is getting senile and it.is pitiable that there is no one to care for her." July 18: "The old girl is getting just a little bit cunning and has not been quite frank regarding her affairs." July 29: "Recently she has been making some foolish contracts behind our backs and Mr Thomas is of the opinion that she is incapable of instructing him." August 3: "Her transactions of late behind our backs make us convinced that she must be classed as an infirm person. There is every hope of its being proved that Miss Smith is not capable of looking after her own affairs." , August 25: "The way I should care ito express myself would perhaps be unprintable, so I will keep calm. The old girl has absolutely dug her toes in, and how we are going to get her out of the mess she has placed herself in I do not knov/. I spoke to Mr Mosley yesterday afternoon after the court case, and' although I could not draw anything definite from him there is no doubt the old girl convinced him that she is not safe to be left on the high road." .' , January 18, 1934: "I am more than ever convinced that the old lady is irresponsible." March 16: " I will now make an effort to get Miss Smith in a proper state of mind for the making of a will. I propose to give this early attention, and, provided she will come up to scratch, to get Baxter to witness her signature." • SAVING ELECTRIC LIGHT Mr O'Leary asked further questions about the will. "At the time this will was made did you know that. Miss Smith was in the habit of. overhauling garbage tins?" Witness: Yes. Mr O'Leary: Did you know she was in the habit of sitting in tram shelters until late at night to avoid using electric light in her home?—l had heard it. In another letter witness had written that the matter of getting the will signed was urgent. Mr O'Leary: Why were you so interested in the matter? What did it matter to you whether she died intestate of not? Or did you think that if the Guardian Trust did not get the estate the Public Trust would?—Yes. That was the point. The case stands adjourned until tomorrow. APPEAL COURT ARGUMENT CLEMOW v. GUARDIAN TRUST (Per United Press Association) WELLINGTON, Oct. 6. Hearing of the case of Clemow versus the Guardian Trust entered on its fourth day in the Appeal Couri to-day In considering the nature and volume of the correspondence by the deceased, Mr Henry, counsel for the respondent, submitted that, up to February 8, 1935, the whole of the letters and memoranda written by ihe lata James Joseph Burt Veale were rational and reasonable in view of the magnitude of his estate and the matters of which he desired his solicitor to take full control; also in view of the various people in whose aflairs the deceased was concerned. The court reserved its decision.

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https://paperspast.natlib.govt.nz/newspapers/ODT19361007.2.31

Bibliographic details

Otago Daily Times, Issue 23005, 7 October 1936, Page 6

Word Count
1,037

WILL CASES Otago Daily Times, Issue 23005, 7 October 1936, Page 6

WILL CASES Otago Daily Times, Issue 23005, 7 October 1936, Page 6

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