£77,000 ESTATE

Poverty Bay Herald, Volume LXIII, Issue 19138, 6 October 1936, Page 9

£77,000 ESTATE

CHRISTCHURCH WILL CASE SPINSTER’S MENTAL STATE . EVIDENCE HEARD (Per Press Association.) CHRISTCHURCH, last night. Evidence was heard to-day in the Supreme Court ease in which an application was .made to have probate of the will allegedly made by the late Elizabeth Smith, a spinster, revoked, and the will declared null and void. The will was sworn for purposes of probate at £77,000, but at the time it was drawn up the estate was estimated at between £.’0,000 and £OO,OOO. The plaintiffs were Olive Judge and Ivy Cookson, both of Christchurch, and the defendant was.the Guardian Trust and Executors Company of New Zealand, Limited. In opening the ease for the defence, Mr. Ilaslam said. Miss Smith’s testamentary capacity on June 8, 1084, was a vital point. She had inherited in 1022 a large share of her brother’s estate, for which the Guardian Trust and Executors’ Company was trustee. At the beginning of 1088 the .manager of the company in Christchurch became concerned because Miss Smith had been approached by representatives of the Investment Executive Trust of New Zealand ami induced by them to dispose of her shares in the South British Insurance Company and the New Zealand Insurance Company to tho value oi £II,OOO anil .to invest the money in the Investment Executive Trust. It was clear Miss Smith had been prevailed on by the salesmen against her better judgment, Later, slut invested in gold mining shares and a flax company and she lost between £OOOO and £7OOO in 12 months.

After some time, the Guardian Trust, ho said, obtained an order under the Aged and Infirm Persons Act, to which Miss Smith agreed after discussion with Mr. Justice Ostler in chambers, and the Guardian Trust proceeded to recover some of tho investments. Tho manager of the trust suggested to Miss Smith that she should make a will, and in March, 1024, she agreed to do so. It was suggested to her that she should leave me residue of her estate, after special bequests, to relatives, but she had already provided for them and that the residue should go to charity. She said she was against leaving her relatives 100 much money. Miss Smith, Mr. Ilaslam said, had lived in a very ascetic fashion. She had been seen in the streets picking up pieces of wood and paper and fruit which fell from stalls. This was probably an eccentricity and was no evidence of incapacity. Evidence was given by Charles S. Thomas, barrister and solicitor, of conversations with Miss Smith about taking out a protection order, the purchase and sales of shares, and the drawing of. her will. He was fully satisfied that she knew what she was doing and .knew tho full purport of the will she executed.

Other evidence, was given by Claude Wilkins, law clerk, about conversations when the will was being prepared and when it was signed.

The Rev. Frederick Norman Tavlor, vicar of St, Luke’s, said that Miss Smith had lived in a' parsimonious fashion and poorly dressed. Her mental condition always scorned to him normal and her memory good.

Detective Duncan McKenzie said that he questioned Miss Smith about a man who had obtained money from her for shares and who was subsequently charged in the court-with obtaining £12;7 from her by false pretences. Miss Smith’s statement and the evidence in court had been clearly and coherently given. The hearing was adjourned until tomorrow. '