ESTATE OF SPINSTER

Poverty Bay Herald, Volume LXIII, Issue 19139, 7 October 1936, Page 11

ESTATE OF SPINSTER

DISPUTE OVER WILL EVIDENCE (DNTI NEED EXTRACTS FROM LETTERS (Per Tress Association.) GHRISTL’IIUHOH, last night. Further evidence for the defence was given in the Supreme Court this afterneon during the hearing of the application to have prolate of the will allegedly made by the late Elizabeth Smith revoked and the will declared null •lid 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, Limited. Percy Harold Harris, manager in Christchurch for the Boat)) British Insurance Company and of the Guardian Trust and Executors Company, said that, in : t35. he learned that Miss Smith was disposing of 'South British 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 affair - . She also agreed to see Mr. C. S. 1 nomas, solicitor, with tho object of ta.L.'g action to recover the shares. The witness learned that Miss Smith had been selling Investment Trust debentures-and having mining and flax shares, also shares in Publications Limited. ACTION NOT TAKEN Action for the recovery of the shares was not launched, b-eciwisc Miss Smith, after leaving Mr. Thomas’ office, was irevniled upon by a share salesman to stop the action and she accepted dividends from the debentures in the Investment Trust and also bought new debentures. The head oflieo then sug-

gested that Miss Smith be brought under the Aged and Infirm Persons Vet, “to check her financial atrocities." The witness described interviews with Miss Smith concerning her will. Mr. 11. F. O’Leary, who appeared for the applicants, cross-examined the witness. ‘‘What would he the commission for the Guardian Trust in administering the estate?” asked Mr 0 Leary. Witness: The rate is per cent on the revenue and one per cent on the canital. Mr. O’Leary: Under this will, there is a perpetual trust- which, so far a-' we can see. "the Guardian Trust will administer for evermore? Witness: Yes. Mr. O’Learv : This will mean a very substantial benefit to vour company? Witness: Quite. “FOOLISH CONTRACTS”

Mr. O’Leary read extracts from letters written by t-ho witness to the head office. Hie extracts were July, 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 hit cunning and has not been quite frank regarding her affairs.” July 29: “Recently she has been making some foolish contracts behind our hacks, and Mr. Thomas is of the opinion that she is incapable of instructing him.” August 3: “Her transactions ot late behind our backs make us convinced that she must be classed as an infirm person. There is every hope of it being proved that Miss Smith is not capable of looking after her own affairs. August 25: “The way 1 should care to express myseli would, perhaps, be unprintable, so I will keep calm. The old girl has absolutely dug her toes in, and how wo are going to get her out of the mess she has placed herself in I do not Know. 1 spoke to Air. Mosley yesterday afternoon after the court ease, and, although 1 could not draw anything definite from him, there is no doubt the old girl convinced him she is not safe to he left on the high road.” January 18, 1934: “1 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. 1 propose to give this early attention, and, provided she will come up to scratch, to get Mr. Baxter to witness her signa lure.” USE OF TRAM SHELTERS Mr. O’Leary asked further questions about the will. “At the time this will was made, did you know Miss Smith was in the habit of overhauling garuage tins?” lie asked. 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? Witness: I had heard of it. In another letter, the witness had written that. the. matter of getting the will signed was urgent. Mr. O’Leary: Why were, you so interested in the matter? W’liat did it matter to you whether she died intestate? Did you think that if the Guardian Trust did not get the estate the Public Trust would? Witness : \ r es. That was the point. The hearing was adjourned.