A WILL CASE.

Colonist, Volume LVII, Issue 13728, 17 March 1915, Page 6

A WILL CASE.

[United Press Association.]

Wellington, March 16. Th« hearing o f a Taranaki will case was concluded to-day by Mr. Justice Chapman. The disputed will was that of Thomas Francis Walsh, of Hurleyville, farmer, and wie value of property left was estimated at about £8000. The plaintiffs were uncles on the paternal side and the defendants were the uncles, aunts, and grandmother on the maternal side of the deceased. Several of them were residents of County Kerry, Ireland.

Tho will in question was made just prior to the departure of the deceased from his farm by motor to the New Plymouth Hospital. He died on the way. The document was in the following terms:—"Norfolk road, February 25th, 1913. Thomas Francis Walsli. Statement in case anything should happen me on my way to the hospital. I leave all my estates and stock to my uncles and aunts, except my interest in tho Norfolk road farm, which goes to my partner., Ernest William Gibbs; and fifty pounds is to go to Mrs. Allen for her trouble during my illness. Thomas Francis Walsh. (Mark.) Witnessed by Ernost William Gibbs, T. ,T. Allen, Mrs. T. J. Allen." The plaintiffs claimed that the court should pronounce for the will as constituting the true last will of the deceased.

For the defence it was urged that the Court should rule that the deceased died int-estate.

The evidence of two of the signatories to the will. Ernest William Gibbs and Marion Allen, was taken, also that of two handwriting experts to show that the two last) signatures to the will were in different hands. The contention of the defence was that they were by one and the same hand. The deceased was unable to sign through physical weakness. In case the will was declared invalid the property would go fio the deceased's next of kin, his grandmother, in Ireland. The jury found the document satisfactorily proved to be executed by the testator as his last will. His Honour ordered probate to be granted, the costs of both sides to come out of the estate.