IN RE THE ESTATE OF MARY THOMPSON, DECEASED.

Colonist, Volume LV, Issue 13738, 2 June 1913, Page 5

IN RE THE ESTATE OF MARY THOMPSON, DECEASED.

This is a case regarding probate oi two wills made by the deceased, in January of this year air.? Thompson, that a^ed 87 years, made a wiL in favour oi ono John Albin Ahlstrom, of JSelßon, carpenter,-under which ho was appointed legatee and trustee and executor. When application lor probate- was made caveat was lodged by the Fubhc Trustee and Mrs. Ada Dodson, persons interested under a former .will mad© Itt October, 1911. Probate of the second will was granted on the 10th day o* May, 1913, to J. A. Aulstrom, by his Honour Mr. Justice Chapman, making a rule nisi under which the probate rute will be made absolute unless the cavcators show eauso to the contrary. On the case being mentioned in Chambers on Monday, his Honour the Chief Justice directed the Public Trustee to apply for probate of the first will, and this application is being hea^d together with the caveators' application to have the ru.o nisi discharged. Mr. O. J. Harky (with him Mr. Houlker) appeared for J. A. Aiilstroni, and. Sir John Findlay, X.0., and Mr EB. Moore for the residuary legatee ami the Public Trustee respectively. Further evidence cal.ed by fair John Findlay was heard. ' Daniel Scannell, cierk in the Pubho Trust office, stated that on V 29th January last lie visited Aklstrom's houso to pay Mrs. Thompson her monthly income. When ho knocked at the door, Mrs. Ahlstrom came, and he asked Li ho could see Mrs. Thompson. The reply was that Mrs. Thompson was very ill, and ho ■ could .not see her. tie asked her bow x>;ig she hud been ill and Mrs Ahlstrom said "Over a week." Ho used to £<:e her on other visit's, and sbo always ga,e him a receipt by making her mark. He .h:-,ndod the money to Mrs. Ahlstrom tuui <zix< brought him b;:ck a receipt ;■„ mark. Sh& di«l not say ho.v she got the mark, but it purported to be the mark of Mrs. Thompson.

By Mr. Ilarley: Ho did not doubt that it was th-e mark -of Mrs, Thompson. Ho wns positive tJio date he visited the house war, January 29th. Ho had never noticed tluit Mrs. Thompson wa-p siiorur:-ightod. V. lien he visited Airs. Thompson h-o always had to tell her who ho was. Slip u&ixi to ask him if ho came1 from Mr. Allen. ■Ho was quite ckar that Airs Ahlstrom told him that Mrs. Thompson had been ill i'or a we-ek. He had seen Airs. Thompson in, the street oik several occasions, and eho appeared to bo da^d and did jiot walk straight. He thought sjio v.r.s under the influence of iquur. : Sir John Fiiidi;:/ [mi in a ir,oinoiandum showing that tho,money was pak) to Mrs. 'iliomp;jon t;a January 29th. Sir Jclki FindlLiy yaki" lia Jiad saveral more wit-.iessos, biii ho would close his eu'&e, as he did not -k^ire to pile up tho evidence. '-....'.

.Mr. Harley, in uj filing his case, said that Ah.'stroai wcs a iSvcdu, who cam© to Now Zealand ;;.'H/iifc <j> yer,i\s ago. Ho became Mcquaimeu v, itii Mm. ihomp«on in IP/Jo. Re w:•.:-: married, ami routed oiio of Mrs. 'i iiuinpnun's cottages, lie wj«]. to pa.v '.;.-l' iv:'.if and Mrs. Ihompsfm soinotirri-.'s iwlkxl him to chop wood tor Lrr. Ik. y became- on friendly terms. [■<. Jv.J:., 1911, Mrs. 'Jhompuon said .-...<•. >v;- gomjr to Mrs. i>octson, at Wai.'^iin-;)-.:, and s Lo asked >rhcn t;iia camo ..• .■■•<. tu town could she live at /iih-isfcro.ii':;. i'rkr to Mrs. Thompson coning hack Mr:;. Dodsoii wrote iii.d aste-d Airs. Abi.stMim if sho would hiMo ..or. 1,, v:: 3 .imw.gx.d that she vshovd pay Ks ; - p,.. r ivyok ,for her board, which nut; a:'-orward.;; increased to £1. Mrs Thomjjsou made- AhJfitrom's place her town home. During the winter of Ii?l2 Mrs. -Thompson ttayed with Mrs. ijodson. 'Mrs.'Thompson, stayed until January 3rd, 1913, when she went to Ahlstrom's. She tiien asked if blio could live there until she died, as she did not wish to go to Dodson's again. She told Ahlsiroiii Lliafc she would givo him a substantial reward if he would agree, but did not say what it was. About the middio ol: * January Mrs. Thompson-, took, i l j, .-nd Ah.«trom went to Dr. Johnston, but .ho was out, and pr. Lucas came :.,iio was confined to her bed from th.a'o onwards, and. o» January 27th, wh«n Ahlstrom camo home from work sii;> tcld him to go and •ses a lawyer about ;vhat aim had promised him. He i-,i!;;>d what lawyer, ami she replied, ,"A:u- i:r.v.\«r." Alilstrom saw Mr. M,a<.';ini:; >■ next morning. Ahlstrom, said >'iv. Ilarloy, did not know at that tin> : < vhat property Mrs Thompson posses;;: i. and was quito surprised afk-r the funeral to learn tliat she had a lot of 'money. Mr. Maginnity went to sco Mrs. Thompson, and explained what he had come for, and fihe tod him that sho wanted to leave her property to Ahlstrom. "All to Jack" was how she put it. Mr. Maginnity asked him what about her dttiiglxtor, and sho, said no she had given her £1000 a little while before. Mr Maginnity then it?turned to his office and prepared the will that was being contested. The old lady wa-s quite sober, bright and intelligent. Whon ho returned with the will'"there was no «ne at home, so a man was brought from Robertson's mill to witness tlio will. Ahlstrom Vns present when tho will was signed. Mr. Harley described A.h]strom's visit to Br. Johnston, and raid the latter was not at homo. Thinking ono doctor wcr. ;:•:; good f.s another, ho went to Dr. -C?ibiw.'The reason AhJKtrom gave for wr.::':i:ia: a •t 7ryt;>r to sco Mrs. Thompson was that ho bad road that, it was always advisable to have o. medical man to testify to a person's condition when a will was made. Dr. Gibbs went to Ahistrom's and wouiri state that Mrs. Thompson waa quito ■sober and bright. Mr. Harley said hi referring to tho difference of the medical opinion said he could only suggest that tho doctors made_ a mistake as to tho date. Several witnesses would swea.i1 that Dr. Lucas was not at Ahlstrom'« on that day. Sir John Findlay: Wo produce th^ir diary showing that they did visit tho place on that day. Mr. Harley, continuing, ©aid thafc I)r Gibbs would say that Mrs. Thompson was almost blind. He attended her for her eyes from 1898 to 1904. The reason she coukl noi recognise people was on

account of her eyesight. Mr. Magmsnby would cay that sho waa absolutely competent to make a will, on the day v lue. saw hor. A number of witnesses w*ukl bo called i*> &\m« that Mrs. Tkftmpson was sooer. while- she was etayiug at AliW«m;s. . Mr. Hurley then called eviaeiß.e:— ; Arcd'wv Thomas Jiagmnity, solicitor, stated that he hau a tainy large ex-1 perion<x> in making wills for persons m ell stsra of health. On 26th January Ahlatrom came to his office be tore ten o'clock in tho morning, and asked it ho wnild go to his iionijo to make a will fox Mrs.-Thompson, who was lying m there. He went ta the hcuso and was shown into tho Iwlroom wnerc Mrs. Thompson was ljmg. They chatted together and recalled incidents which ocSirrocl whon Mr. and Airs. Thompson kept the Star and Garter Ho to;, tmrvy voars ago. Mm. Thompson was quite bright, and to him was a most wt ore-st-ag personality. In reply to witness, Mm. Thompson said sho wanted to make a will. Ahkstrom was standing by tho bed. Mrs. Thompson said sha Wanted the property to go "A. to Jack." He aakoa, "Who is Jack.', aanl uho pointed to Ahlstrom, who was ten or twelve feet oil. She repeated "All to .Jack" whon he mentioned other art'V'-s thr:t he* thought she might Sv.;1 \Wt:^, asked "What about yoiv ,!"U'htri:^ and sho replied, ' 1 havo pns/idca for her. 1 gave hor •eiW) :-.»t long ano." He did not ©«» any :»m«s of r:T.>;it -drinking about ,vor, nor <!i;l ho f«K'li it. Mrs. Thompson etri.-1* i:im. Tiu- v.-i okl lady, to be partictiiiirly intelligent. She appeared to fao i i a Irtter iv.iulition to make a will than a p.M snu iv .had been asked to wo 1w '.)•• Johnston ',or a similar purpose. .W3^i'lk> ivtununl with the will, Mrs. Th'{'.-nj)Hn:i r.sk-t'd who he was, and ho told Ur-r. Tho ink-mew with Mrs. Th<-T-"^)".-i before he returned to tho offiw 'must lisivtv- lasted half an hour. Ho c-j-H'ludtnl t:v:vt r.ho was quite capable of making r. will. Witness said he <iid not kiu>u- anything about a formro»wi".l, n«r did he ask her it sho former will, not did he ask her if sho •fchut Mrs. Thompson had £3,000. When ho returned with the will, he told Ahistrom he would require another witnof.H, and Mr. Keath, an accountant ftt llolv rkion'a nsiil was sent for. When Ho.it/ii rano, th-0- will was read over to Mrs. Thompson, who sat up i» "<-y without support, and when asked if «hf> understood it, she said, "Yes. He told her sho was leaving everything to Ahlstrom, and she said, "Yes, all to Jack." Alustroiu never either directly or indirectly made any suggestion as to hoiv tho will should 'oo made. Sir John Findlay: We- don't suggost that ha did. Witness said he had to put his hand on,the pen while she made her mark. lie could not say /that she was in a weak condition because she sat up unsupported. While he was attesting the wfl, Mrs. Thompson passed her hand tibrough his hair at the back of his 'fcaad, and tsaid, "Getting rather grey, son." There wns not the slightest sign of liquor about Mrs. Thompson, Aiiil he did not »oe any evidence of liquor about the room. Mrs. Thompson WSs also very clean in appearance. Ho exercised more tium ordinary care in regard to the wil because she was an olu lady who was ill.

Sir John Findlay, before commencing; his cmss-exan ination, said that he did not suggest by his opening remarks on tli® previous day, that Mr. Maginnity had been guilty of an impropriety in making the will, nor to reflect upon film in any way. His remarks were directed entirely against other pooplo, wjiich discharged Mr. Maginnity from the least suspicion of anything unprofessional. Mr. Maginnity s;nrl he readily accepted Sir John'B explanation. Cross-examined, witness sadd Mrs. Thompson repeated. "All to Jack" about six time;.:. W 7hen ho returned fcho second time Mrs. Thompson again told who he- was.

Sir John fis.'cUuy: If you had known the whole of thj f;>ci-,<fyou would probably have had vour'mihd very oonsidortily influenced. Witness said that ho 1.-.-cv/ .'lothing of Mrs Thompson* drinking habits, and tbo Ahlstronn? did not fi-ay anything aboiit her -excessive drinking. When Mrs Thompson .said, "You're getting vary groy, sonny," it showed that she had good eyesight. By Mr. parley: He wat; ciuite close to her when &h« made that remark. Jabez Heath, accountant, at Robertson Bros., gave evidence in regard to wifciK^ying Mr*. Thompson's will. The vvijl wai? read over carefnl.y by Mr. i/laginuity, and explained to her. He took Mrs. Thompson's hand while Bbo j rnado hor-mark, because he thought hor eyesight was bud. Mr. Maginnity raised hw to a sitting posture v.nd put pillow^ behind hir. ' Th^re- war. no <", idoTjoo of Hunor on Mrs. Xhotupi.cn ivhil:.' Sto was there.

L>y oir u unn i'"indi;'.y: lie did not ls-C'O any brandy near t!w 'ivihido. l'K.n: the reading of tiu? will lu1 di,i m-t gather that. Alustrca was gei:u;i;; £3,000. Dr. S. A. Gibbs stated in giving his qualifications, that he was a certincatod pupil oi: l JFi'<ji: ei3sor Clouston (a specialist in montal diseases), and held a -rooominondatiGii irom him should he <k:sirc to tnke a position as medical superintendent °fa mental hospital. Oil 28th January a Mr. Ahlstroin went ■fcQ se<> him about Mrs Thompson. Ho ■fccfld him that Mrs. Ihompson had made g,. will that morning and ho wanted him to go and see- ii' she was capable of making a will. Aiilstrom told him that Mr. Maginnity wag the Jawycr. * Ahlfrtcom giiv° ttisu "i<3 understand thai;'1 there was no otter medical' man -attending Mm. Thompson.' As he had attended Mrs. 'i'lioaipbOn in the past l/ft thought it was natural that Ahlstroni should sand for him. Witness sfcati-d that he t;aw Mrs. Thompson that ■day before 4 p.m. and loft about 20 inLu-:tes past f-yur. A woman let him iato the bouse, and he asked to see tho patient alouo. Mrs. Thompson was sitting up on a sort of etrc-tchor bud. appeared more shrivelled and sViri-iken tinn v.iicn ho saw her at tho •and af 1903. Yviu.-n he asked her howl Jong «he had been staying there, t,lio repke-d that she did not know. She said that before- that she had been staying v,t Wakapuaka, btrfc she said, "Oil, don't bother me about that." Me '•sked her if she knew him, and e-ha repli-d, <;No, I can't cro." Witness «aid, "You ought to know my voioe," nad slie replied, "I don't. Who are ymil" When ho told her who ho was who :;f:;u -should could not seo. Witness ■told h;-r ii' r.lio wore foer glnsse-s sho would bo ab'.e to sco, and shy said they wore too henry. Ho felt h-or eyo-lida, and i;\v.< cj'.kcd him to leavi* them alono. tlo told lierthat bo understood •that .giio hod boon signing some important p:ipors that dfiy ,_ajid she asked what business it was of his? He mado an oxpliination, and in further conversation Mrs. Thompson said uhc had Kigned a will, and, after refusing to toll him the contents, said she had left her property to A.hlstrom—it-might have •ber-n "to Jack." He asked her "Why on ear!!) k-v.-e you done that/ 7 and she «wiid t!n-:t th:-y had boon very good to her, and y.cro ready to look after her ti).l she died. He suggested that she oould get plenty of people to bo kind .to her without such recompense, and he .aflkod her, "What about your near raJativos and; children P" ' She said, "I ■Juavo no near relatives and no children except an adopted daughter." . He thon asked hc?r -if ft- w'^- s r tf> negl6ct nor dauglitor, and she said, "Shohas had

it lot out of me- and is well provided for." He went over the matter with her again and she gave as a further I'oason that her daughter had not been very kind to her, but refused to tell him the cause of disagreement witn her daughter. She then toki him sho was tiled of him and his questions, and that sho needed some attention. He said he would toil tho woman as Ik. went out, 'and as he turned round she lot out two unearthly ye.ls. lie said "What did you do that ior?" and sho said, "Tliat'U fetch her." Mentally he found nor very much tho same eelrwilled, somewhat unreasonable, suspicious character, ho had known wlien in attendance upon her 13 years ago. Mrs. Thompson since he first knew her in 18U5 always took more liquor than sho should, but when he -saw her on January 28th, there was no evidence ot liqiuM- on hor. So far as he could see ■she wa« in her normal condition. Ho could.not docket the presence of liquor U)K>n lior, although he did not believe a day pas-sad but that she touched it. When he attended hor in iiJOO he had troubjp with her over drink, but w.hen ho saw her last January she did not appear- to have depreciated mentally, lie would not soy that lie had ever soul her without liquor, but she was not a- drunkard in tho ordinary way. Having seen iier ho thought his visit uimeeessiiry, becau-so she hud been so capable of "dealing with her business. Had lit? had any doubt on the matter -he would have ■ insisted upon further advice, being obtained. (.Ho was not then aware that she had been seen by other medical mea.) ii-o would not say that, sho would know every in»'ostment she had but he thought sh-a- was quite well enough not to have forgotten the existence of her money. Her eyesight was. extremely defective, and witness favo details taken from his book in September, 18(J3, in regard to the condition of her eyts. In May, 1900, he romov-ed a cataract from her right oyc, and examined her eyes again in July. In 1902 hor eyes wore about the same. Her loft oye was blind, but with glasses should could see reasonably well with hor right eye. lit- certainly could not imagine her eyesight improving thirteen year s after an operation for cataract." Ho could not understand Mrs. Thompson being silly half or threequarters of an hour after being seen by him. She had gono through a good deal that day, but he did not think that such a seasoned vessel as deceased could absorb sufficient alcohol in such a short time to become intoxicated. Ho could not say that she was aware of tho quantum she was giving to Ai. - strorn, although she was in a capable mental condition.

By Sir John Findlay: He had not attended Mrs. Thompson professionally for ten years. If ho had been attending her from October, 1912, to January 1913, lie would have been in a better position to judgo of her testamentary capacity, if it was necessary, than by one- visit alone. In difficult cases insanity could not bo detected by a single examination. If he had known that it was a delusion that Mrs. Dodson had boon unkind to Mrs. Thompson it would have altered his judgment very considerably. He did not think that Ahlstrom said when ho came to see him that Mrs. Thompson was iIK He was not surprised to find an old lady of 87 years of age in bod that afternoon as it was cold and showery. He did not ask Mm. Thompson if any medical man was attending hor, but Ahlstrom told him distinctly that no doctor_ was attending her. If he had to.d him there were other medical men attending Mrs Thompson ho would not have gone to see- her without consulting them. It was conveye<l to his mind from what Ahlstrom said that Mr. Maginnity was her rogular lawyer. Ho did not go with Mrs. Thompson into the vnlue of her property, but it was in his mind that it consisted of the Vanguard street cottage. He was under the impression that he got tho idea of what sho was willing to Ahlstrom from :Vml--strom himself, believing ho added tho words "leaving me her cottage property," but ho could not swear to it. Mrs Thompson did not mention the names of her relatives, a':l sho said was that fiho had a niece and adopted daughter. He knew nothing about the close parental regard that existed between Airs Thompson and her adopted daughter. Mrs. Thompson never told-him that her adopted daughter had turned her out; sho refused to discuss this matter with him.

Six J.ohfl Findlay then examined the wit-nc-ss at some length as to the recognised moans of determining the testamentary -capacity of persons as, cot out by Professor Clouston. Ileplyj iiig, i)r. Gibbs said he had not asked Mrs. Thompson r.s to tho quantity of liquor she had taken; if he had known tkat the will revoked, tho bequests in previous wills he did not think 'he vcnild .havo .examined her closer than Ik'_ f.lid ; h.; j^t-h-ned himself as to the ru"(v in regard to undue influence; he | thought, if anything, he went beyond I liis domain in pointing out that she was | h?.\ ■■jig -every'dring ay.ay from her relative;; he- agreed that even if sober the influence of previous intemperate habits so damaged the intellect as to interfere with the testamentary capacity of a person; he agreed that persons suffering from alcohol frequently, ■took morbid turns and .turned against relatives; it-would'have.been advisablefor him to go through her property in detail to ascertain her testamentary capacity, but ehe declined to discuss it with him; he did not attempt to ascertain whether there had been a violent change in her testamentary d:V (..position ; even if .he had known the- contents of the will of October, 191.1, •• liewould not have been more guarded in his examination. He did not ascertain tbo quantity of property Mrs Thompson possessed. It was truo that emotional outbursts in old people frequently indicated loss of mental power. He should say that on the occasion mentioned, the screaming by the old lady was for refreshment. Beyond slight loss of memory ho did not" think that there, was much difference in her mental condition in 1900 r.nd 1913. He disagreed with the ■other medical evidence th-at tho mc.ihil condition of Mrs. Thompson had degenerated. Reviewing all tho eh-cmni-tnuces, ho declined to «:iy. whether the -action of Mrs. Thom?i&cii in leaving all her property away from her relatives was,a reasonable one. considering it was a question for the Court.

Sir John FiikTliv so.^T he1 quite appreciated Dr. Gibbs' difficulty. Dr. Lucas, re-called, stated that his diary showed that he called on Mrs. Thompson on 28th January. (The diary was put in.)

By Mr. Harky: Ho could fix the data from his memory on account of an accident to Dr. Johnston.

Dr. Luca« said that on 29th January, according to their books, Ahlstrom came up for a sleeping draught for Mrs. Thompson. Sir John Findlay said that Dr.1 Johnston could confirm Dr. Luca3' evidence- if necessary. Johan A, Ahlstrom, carpenter, of Nelson, stated that bo arrived in Nelson from Sweden in 1906. Ho rented a house from Mrs. Thompson for about four years from 1908 to 1912. Mr. Thompson used to visit him at the cottag?. ' When Mr. Thompson died he paid the rent-to Mrs.-Thompson. Sometimes his wife paid it. Ho only went thero for the purpose of paying the rent, but sometimes Mrs. Thompson asked him to chop wood, clear the bushes froiri_ tho verandah, etc. In June, 1911, his wife aske-d him if he would

allow Mrs. Thompson to lire with them and he agreed. She lived with them until tho end of 1911 and was about three monthg. with them in 1912. She went to them again oil 3rd January 1913. The next afternoon Mrs. Thompson asked him if she could istay there until she died, and he replied that he would try to do his best" for her. He asked her if she would go back to Mrs Dodson's for a fortnight so that ho could get a room furnished, for her. She replied that shs woit:d not go back there any more. She told .him that she would'give lain a substantial roward as ho had been kind to her. She was then in tho best of health and walked about the house until tho middle of January. On 6th January she told - him to toll Harlinjl to come lor her • as she had k some business to do at tho bank. About the middle of January she was taken ill. She told his wile ©he was not well .and she would not eat. He called in Dr Johnston, because lie had attended her bo-fore. She did not get any bettor, but for a while did not gat any worse. He remembered getting a sleeping draught for Mrs. Thompson, but could not remember the date. On January 27 Mrs. Thompson asked -him to get a lawyer bo fix up what she had -promised ■him. Ho asked, "Who shall I get?" and she- replied, "Anyone will do.'' He said ho would get Mr. Maginnity. He suggested Mr. Maginnity because he did other work for .him. The next morning ho went into her room and said..'Til go for tho lawyer, 1 ' and aho replied "Very well." Having scon Mr. Maginnity he came to the house. Mva Thompson asked who ho was, and Mr. Maginnity replied that he was "Maginnity, tho lawyer." Mrs Thompson said she remembered him when she was at the Star and Garter, at Richmond. He said that was thirty years ago. In reply to Mr. Maginnity as to what property sh© had. she replied, "A cottage m Vanguard street." Mr. Maginnity asked her if she wanted to leave that property to witness, and Mrs. Thompson .said '/Yes." Mr. Maginnity then asked her if sho had any money, and if she wanted the money" to go to her adopted daughter,at Wakapuaka, or if sho wanted to lcav© it him (Ahlstrom). Mrs. Thompson .said she had le-rt £1000 to Mrs. Dodson, and she wanted the whole of the money "to go to Jack." Mr. M:iginnifcy went away to get tho will made and when he came back .Mr. Maginnity gent .him for a witness. He brought Mr. Heath, and Mr. Maginnity then road the wili over. Mrs. Thompson, in reply to Mr. Maginnity, said she understood it, sayinf it was, "All for Jack." Mr. Heath guided her haii-l whib she made her mark. In consequence of something he had read he thought he would get a doctor. He went to Dr. Johnston's, and an elderly lady came to the- door and ©aid ho was not at home. Witness left saying he wouJd call again. He then went across tho road to i)r. Gibbs, because he thought one doctor was as good as another. On tho day the will was signed (January 28th) Mrs. Thompson was in her usual state. Besides Mr. Maginmty, Mr. Heath, and himself, Mrs. Ihompson was seen that day by his brother-in-law, .his - sister-in-law, his mother-in-law, and his father-in-law. (bir John Findlay: Quito a reception day.) His sister-in-law was helping his wife in the house, and his brother-in-law came in to get a saw sharpened. Ihe latter left about 2 p.m., and came back about 3 o'clock etaying until 7 p.m. His mother-in-law and father-in-law crime two or three times a week to see them, usually on Tuesdays or Saturdays. Mrs. Thompson always had brandy while she was in tho house, but did not take it at any particular time. When she was in bed ho got it for her. Sho usually had it three or four times a day. The most she ever drank was one-third of a bottle of brandy in 24 hours—that was in February. In March before her. death . she hardly drank anything at all. Dr. Johnston told Jxim to mix one part brandy to two parts of water. In January she had brandy alongside the. bed. It was there when he went for Dr. Johnston m January. By his Honour: The will was made when the brandy was in tho room. Witness said the brandy was taken away when the * craving came on in February. He went to see Dr. Johnston to see if it would not be better to, stop the brandy, but the doctor said, If I were you I would not stop the brandy." He said she ,had always been accustomed to brandy, and if it was stopped she would chase him for- it. He went for the sleeping draught because Mrs. Thompson was very restless. Neither Dr. Lucas nor Dr. Johnston ever complained to - him about Mrs. Thompson having too' much brandy. Mrs. Thompson also drank wine. She had it during January. She used to mix quinine with th© brandy to give her an appetite. In January sho- only had about two wine glasses full a day. In February, when she had tho craving, she would call out for more. The craving commenced during the second week. He did not give her more every time sho sang out for it, becauso ho did not think it would do her any good. When she used to call out for brandy, he gave her cold tea and milk, but it did not satisfy her. Mrs. Thompson died on April Ist. He thought her property eonsisted.oF the cottage in Vanguard street. (Witness here corrected a statement made by .him earlier in his

evidence to the effect that she wanted all to go to Jack," not "all the money to go to Jack" because he did riot know she had any money*) On the ciy Mrs. Thompson was buried Mr. Shone, tho undertaker, tola him that sho had about £3OCKX—that - was the first intimation/he. had of the value of nor estate.

By Sir John Findlay: He was at home all day on January 28th, except when ho wont to see Mr. Maginnity in tho morning, and the doctor in the afternoon. Ho was at home between 4 | p.m. and 5 p.m. Ho swore that Dr. Lucas wa s not at his house on Janui ary 28th. and he was as certain of that las of everything else he had said. His brother-in-law was going to say that Dr. Lucas was not there. It was not by any arrangement that tho family collected there that day. He would be surprised to know that Dr. Johnston was .at homo that day between 2 and 3 on January 28th. It might have been •half past throe- o'clock when he called. fie might Lave told Dr. Gibbs that there was no other medical man' attending Mrs. Thompson because if he had told him he might not have come. He told Dr. Gibbs that Mr. Maginnity made tho will, but be could not remember telling him" that Mr. Maginnity was her regular lawyer. When the will was made he thought he was getting the Vanguard street property. He never dreamt ho was getting £3,000. He would not say that she thought the same thing. He saw Mrs, Doclson on 2nd February, but did not tell her a •will had been made. Ho went out to tell her that Mrs. Thompson was willing to pay £1 a week more. He did not know that he was bound to toll Mi's. Dodson about the will. Ho never told Mrs, Dodson that tho reason ho came to see her was that ho could not get anything definite out of Mrs. Ihompson. He wont out to see Mrs. Dodson to confirm the rate of £2 per week. Ho thought Mrs. Dodson might prefer to take her mother, back, and get the £2 a, week.

• Sir John Findlay: Oh! Having secured tho cottage by will you were content to try and put the'old lady back on to Mrs. Dodson.

Counsel: Why did you conceal from Mrs. Dodson the fact that her mother had made a will three days before, disinheriting horf Witness: I did not know that I was •bound to. Continuing, witness said' Mrs Thomp>

aon was drinking as 'hard in January as.islio was In October. Counsel: Wiiv ■did you go to Dr. Gibbs? ' ■,:■".■■ ' Witness: Can't Igo to any doctor I like? Counsel: That is not an answer to my question.. Wliy did you not go to Dr. Lucas who had bean attending Mrs. Thompson ? ' Witness: Bocause I thought Dr. Gibbs was a-s good as Dr. Lucas. •Counsel: \V.ny did you nob tell Drs. Lucas and Johnston that you had had Dr. Uibbs.-to see their patient? Witness: i did not know 1 had to. Continuing, witness said he had no occasion iur secrecy. He did not know that Mr. Alien did business for Mrs; Thompson. He did not know that a lawyer and witness caw Mrs. Thompson in 'October,' 11)11, to make a will. Ho did not know that a will had been made. Ho heard the will of January 28th read over, but did not notice that it "revoked all previous wills." Mrs. Thompson could only set what brandy was brought to her by either himself or Mrs. Ahlstroin. He did not ivmember a culjman bringing any. He could not say how many botV.as of brandy he took to her every weak. He knocked off work on January 28th because it was the only way Iro could get to see Mr Maginmty. Ho did not think oi writing to him. In the evening of. January 23rd Mrs. Thompson wa-s in her usual condition. On 28th of January between 5 and o.p.m. sho ua.« in about the- same condition. She was in the same condition when sha made the will. He did not think the chain Mrs. Thompson gave hU wife was gold becanso it did uwt have a brand on it, but lie found that it was. "When Mrs. Thompson came to sign the will she sat up without assistance. She might luivo botn helped up. Ho did not knowabout property other than tho cottage when the will was made. . Counsel: Do you think it fair to claim tho whole of tho estate ? Witness: If Mrs. Thompson intended to give it to mo I suppose it would be fair. Counsel: Do you think ehe intended to give you £3000? • Witness: I don't know what she intended to give. By Mr. Houikor: Mrs. Thompson never suggested that ho had hurried to get tho will made. By His Honour: Ho knew his wife got money from Mr. Allen on January 20th. He asked Mrs. Thompson long before Mr. Allen suggested tho payment of £2 per week. He could not say why Mr. Allen took her things away from her on 12th February. She was not in a tit mental condition on that day to pay him. His Honour: She was not in a fit condition on that day to do business? Witness: No. ' Ethel Ahlstrom, wife of the previous witness, gave corroborative evidence in regard to Mrs. Thompson's desire to stay with them until she died. At tho beginning of January Mrs. Thompson was very well, she walked about the house, and dressed and undressed herself. About tlie middle of the month she took to her bed and Dr. Johnston was sent for. She was confined to her bed from that time until'tier death. Dr Johnston told her Mrs. Thompson was suffering from old age, and he did not send any medicine. (Sir John Findlay pointed out that Mrs. Thompson was supplied with' « sedative on January 23rd.) On 28th Mrs. Thompson made a will. The night before she heard her tell her husband she was going to give him what she had promised him. She corroborated her husband's evidence in regard to obtaining a lawyer to make the will. She was very well, considering. She did not tell Mr. Allen that Mrs. Dodson could prove that Mrs. Thompson had given her tho gold chain. Sho had never seen Mrs. Thompson under the influence of drink. Up till she was taken ill in January sho did not know what quantity of brandy sho took every day, because sho kept it in her bedroom. Mrs. Thompson was never intoxicated while in her house. His Honour: If a doctor saw her silly it would not bo from liquor, but due to her mental condition ? Witness did not answer the question, but repeated that she had never seen her intoxicated. Continuing, witness said she used to give Mrs. Thompson a teaspoonful of brandy to a tablespoonful of water at intervals. She did not give Mrs. Thompson any brandy on 28th. The quantity she supplied Mrs. Thompson with was prescribed by Dr. Johnston. Sho told Dr. Johnston that Mrs. Thompson was always asking for brandy, and he said, "Let her have it, it is her only comfort." Her husband told her that Mrs. Thompson had made a will giving him «the cottage. She did not know till after Mrs. Thompson died that she .had money. Mrs. Thompson had often spoken about tho substantial reward she was going to give them. Dr Lucas might have come two or three days after Dr. Gibbs called. Dr. Lucas was not at tho house on. January 28th. Ho could not have called without her knowing it. Dr. Gibbs did not come on the same day aB Dr. Lucas. Mrs. Thompson seemed all right on the evening of January 28th. His Honour: This lady never saw her wrong. At this stage .the hearing was.adjoured until 9.15 this morning. .'■■'.

We understand that counsel in the case conferred after the adjournment of the Court on Saturday evening, and arrived at a suggested agreement for settlement, which will be submitted to his Honour for approval when the Court resumes this morning.