A WILL CASE.

Otago Witness, Issue 2325, 22 September 1898, Page 9

A WILL CASE.

CHRISTCHURCH, September 13. At the Supreme Court, Mr Justice Denniston sitting in Banco, heart! an important will case. The Public Trustee as executor named in the will of Thomas Palmer, deceased, of Temuka, dated December 11, 1887, claimed probate. The widow opposed the application, alleging that the testator was not of sound mind 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 release had had repeated attacks of insanity. In 1888 the testator made a will according to which the widow received an income during- life, and after her death the estate was to.be equally divided among the children. In 1896 symptoms of insanity again developed, and 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 an order setting aside the will of 1837, and took time to consider whether he would enforce the provisions of a will of 1890, similar in terms to the first will if 1888. His Honor commended the action of the Public Trustee in the matter.