WILL IN DISPUTE

Poverty Bay Herald, Volume LXIII, Issue 19138, 6 October 1936, Page 13

WILL IN DISPUTE

£77,000 ESTATE INVOLVED

MENTAIA TV QUESTIONED

CONDUCT OP SPINSTER

(Per Pross Association.)

CHRISTCHURCH, this day

The hearing of an application to have probate oi the will allegedly made by tho late. Elizabeth Smith, a spinster, revoked, and the will declared null and void, was commenced before Mr. Justice Northcroft. in the Supreme Court, to-day. 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 .CoO.COO and £60,000. The plaintiffs were Olivo Judge and Ivy Cookson, both of Christchurch, and the defendant was the Guardian Trust and Executors Company of New Zealand, Limited. It was claimed by the nlaintiffs that at the time the alleged will, dated Juno 8, 1934, purported to have been executed, Elizabeth &init-h was not, of sound mind, memory, and understanding. On June 8, 1934, the statement continued, Elizabeth Smith was _ aged 80 years or thereabouts, and remained until tiie day of her death suffering from senile, dementia.

With the exception of an admission that probate of tho will was granted to tho defendant company on July 19, 1935, tho statement of defence was a general denial of allegations made in the statement of claim.

It was agreed that the case for the defence should bo taken first, Mr. 11. F. O’Leary, iv.C., contending that tho onus was on tho defendant company to uphold the will. Mr. Ilaslam, for the defendant company, said that at the beginning of 1933 tho* Guardian Trust company manager became concerned because he found that Miss Smith had been approached by representatives of tho Investment Executive, Trust and transferred to them shares in the South British Insurance Company and New Zealand Insurance Company. Later she transferred further shares to representatives of the same company. Later the manager of tho Guardian Trust found that Miss Smith lmd been investing in gold-mining companies, a ilax company, and a tobacco company, Mr. Ilaslam continued, and he approached her relatives with a view to obtaining an order under the Aged and Infirm Persons Act, but they would not agree to do so. Finally, the Guardian Trust and Executors Company sought and obtained an order under the Act. For a number of years Miss Smith had been very careful in financial matters, and it was freely admitted that she had been going round the streets picking np small pieces of wood and fruit which fell from stalls. This wasi _ probably eccentricity, and was no evidence of incapacity, Mr. Ilaslam added, Tho hearing is proceeding.

PROBATE CHALLENGE

QUESTION OF SANITY

ARGUMENT OF COUNSEL

(Per Press Association.) WELLINGTON, this day

The case of Robert Keith Clemow and others v. the Guardian Trust; and others to-day entered the third day of hearing in the Appeal Court. The case concerns legacies totalling £930 under the will of James Joseph Burt Vcalc, of Auckland, which were granted the appellants in the will, but riot, in a subsequent, codicil. In a Supreme Court case at Auckland the testamentary capacity of Mr. Vealc, who was 72 years of age at the lime of his death, and hail made codicils a few months prior to his demise, was questioned, but Mr. Justice Dalian granted probate of the will and both codicils.

It is against this granting of probate that the appeal is being lodged. Mr. T. E. Henry, counsel for the Guardian Trust, submitted that it was clear from till the evidence that the testator Veale was not generally insane before February of 1933. He said that the evidence given by two of the appellants themselves showed the testator was sane, at least on one very important item, namely, business ability. In counsel’s opinion, il followed* that it was impossible to find the testator generally insane if he were sane on a topic of this nature. The hearing is proceeding.