SUPREME COURT.

Colonist, Volume XLVIII, Issue 11762, 19 October 1906, Page 2

SUPREME COURT.

THE FROST WILL CASE. THE JUDGMENT.. Yesterday Mr Justice Donniston's judgment in tbe case the Public Trustee versus Alfred Frost and others* which was heard at Nelson on June 22 and 23, when Mr Richmond Fell appeared lor the Public Trustee; Mr O. Y. Fell for Mrs Atkinson and Mrs Linton, two of the beneficiaries under the first will ; Messrs O.P. Skerrett and C. J. Harley for all the other defendants, namely, Alfred Frost, Charles Frost, Mark Frost, Richard Oscar Frost, Annie Reynolds, and Helena Jones. His Honor reviewed the evidence at great length. It shows that the testator, William Frost, was a very < old resident of Nelson, who died on January 26th, 1906, at the age of 88 yeais. He left eight children, all of whom wore defendants in the suit. Of these, Alfred Frost, Mrs Atkinson and Mrs Linton resided in Nelson. Tbe late Mr Frost, who was an engraver by trade, was a fairly educated man, but his children were somewhat illiterate. He was also regarded as a character in the city, but was in a sound state of mind when the wills were made. Frost lived in great penury and poverty until 1901, when he was casually apprised of the fact that he had inherited £9000 by the death of a brother in England. On Bth October, 1901, Mr Frost made a will, leaving three shares of his property to Mrs Linton, two to Mrs Atkinson, and the remainder to be divided among the other children. In 1902 Frost made another will, leaving a life interest in the property to his wife* Which, on her death, was to be equally, divided among the children. Atkinson was an executor to this will, and he arid his wife were also stated to be witnesses to the j document, which had eventually \ been destroyed. In 1903 Mrs Frost died, and certain conversations in reference to the will took place; Mrs AtkinsQD aDd . Mrs Linton supported the Public Trustee's application for probate. His Honor points out that Mrs Atkinson having been "laboriously tr&Lned by her husband to trace slowly and painfully. the letters which formed her actual name, " Leab Atkinson, she could not have signed the second will, which Alfred Frost stated was signed "LeyaAtkinson." Judgment is given for the Public Trustee, who is entitled to probate as prayed. As to costs, his Honor remarks, "I think the unsuccessful defendants had reasotable ground for calling on the Public Trustee to prove the testator's will in solemn form, and to have the facts as to the alleged later will examined into, and as far as practicable cleared up. I think, therefore, it is a proper case for allowing these defendants their costs. Probate granted as prayed ; the costs of all parties as between solicitor and client to be paid (after taxation) out of the estate. ' '