MAKING A WILL.

Taranaki Daily News, 24 August 1921, Page 5

MAKING A WILL.

A QUESTION OF SANITY.

ESTATE OF £7OOO INVOLVED.

MEDICAL EVIDENCE DISAGREES.

Medical evidence on the question of the mental condition of a man at the time he made his will was a feature in a ease heard in the Supreme Court at New Plymouth yesterday before Mr. Justice Salmond. The claim, which was one for revocation of a will, was made by Mary M. Brockett (of Melbourne) and F. A. Randerson (of Rotorua) against John William Willis (Kapuni) °nd James Byrne (Kapuni). as trustees of the estate of the late John Willis, deceased. The plaintiffs, who were nieces of deceased, sought, the revocation of the probate on the grounds that the testator was not of sound mind when the will was made, and was incapable of making a will; also that the will was obtained by undue influence on the part of John William Willis, one of the nephews of deceased. The amount of the estate involved totalled £7OOO. Of this amount £2537 was divided among certain nephews and nieces, excluding John William Willis, who got £4236 18s. Mr. P. O'Dea (Hawera), with him Mr. L. A. Taylor, appeared for plaintiffs, and Mr. D. Hutchen (NeW Plymouth), with him Mr. R. H. Quilliam, appeared for defendants. As the onus was on defendants to call evidence in rebuttal, counsel for the trustees opened the case. Mr. Hutchen said a denial would be made of the allegations of unsoundness of mind, and that undue influence was used. The will was properly executed, and there were no circumstances of suspicion. John Willis, deceased, lived at Kapuni, about six miles from Manaia, with his sister. Margaret Willis. He had made a will in July, 1898, in favor of his sister, but in October, 1915, she was on her deathbed. On October 21 A. G. Bennett, solicitor, Manaia, was in attendance for the purpose of taking instructions for the preparations of her will. After he had seen her he met the brother, John Willis, and was instructed to prepare another will for him. This was done, and on the following day, July 22, the will was duly executed by Mr. Bennett and witnessed by Dr. Milroy (the medical adviser). Miss Willis died two days afterwards. The brother’s will, which was tho subject of the present case, was made at the same time, and he died in August, 1919. The wills were both in the same terms and were in favor of the same beneficiaries.

PREPARING THE WILL, Particulars in regard to the making of the will were given by Albert G. Bennett, solicitor, of Manaia. The will in dispute was made in August, 1919, and ftt that time John William Willis would be about 70 years of age, but he was a well-preserved man. It was just prior to the death of Willis’ sister. Witness was called in to make a will concerning Miss Margaret Willis’ estate, as she was then on her death bed. As he knew that Willis had bequeathed his estate to the sister he suggested that a fresh will be made, in view of the fact that the sister ‘(who was the beneficiary) was dying. Cross-examined by Mr. O’Dpa: Willis was perfectly sane when he made the will.

Mr. O’Dea: Do you know the old man was known to wander about the road, and that he had obsessions that the Germans were fighting on the back of his farm ? —No.

Do you know that thirteen days after the will was made one of the nephews said Willis was so far gone that he did not even know his sister was dead?No.

Have you heard that on leaving his brother’s funeral six months previously Willis had asked “Who are they burying?”—No. Our evidence is that you had some difficulty in getting him to sign his name to the will, and that to induce him to do so you had to challenge him that you could write his name better than he could?—lt is utterly untrue. You should not make the suggestion. I put it to you that it was Margaret Willis who made the will?—No. You have not heard that four hours after his sister’s funeral (two days after the will was made) he was out on the road looking for her?—No. Counsel suggested that Willis had had a companion-guardian for some time before his death, and that the old man used to be fenced off to keep him away from the roads. This witness denied. QUESTION OF SANITY. Ono witness on behalf’of plaintiffs, Dr. J. M. McDiarmid, now resides in Auckland, and to allow him to return promptly His Honor agreed that his evidence be taken. Dr. McDiarmid said he was previously practising in Hawera, and at the suggestion of Mr. O’Dea, and accom'panied by Dr. Thomson, ho went to Kapuni in February, 1916, to see John Willis. At first they could not find him, but he was subsequently discovered somewhere near the road. At that time Willis gave one the impression that his memory was exti unely defective. He did not remember time, places, or names, and he had at least one delusion, in which he alleged that the Germans and Austrians were having a fight on his farm. His answers were very slow, and in fact, his whole appearance was really that of a man who was mentally very defective. He also alleged that people who had been dead for years were still alive, and many of his statements were wildlj’- improbable, or absolutely impossible. I* mm what he saw of Willis in February u.e did not think he would be in a fit state to make a will in the previous October.

To Mr. Quilliam: He was with Willis three-quarters of an hour. To Hfis Honor: After that visit he would have been prepared to certify that Willis was insane.

Evidence for the defendants was then resumed.

Dr. T. A. Milroy, New Plymouth, said he wa-s at Willis’ place in attendance on Margaret Willis. He was present when John Willis’ will was drawn up, and i.i reply to Mr. Bennett Willis said he understood the will. The fact of his sister’s death may have had an effect on Jhim. Grief at her loss might produce melancholia.

To Mr. O’Dea: Had anyone informed witness that Willis was in the habit of chasing people with an axe he would have been greatly surprised. He would not contradict Dr. MeDiermid’s opinion that in February, 1916, he was suffering from senile dementia. Though his attention was not directed specially to the old man’s mentality it would have been perfectly obvious to witness if he were jnsane. He did not, think it was true UMUt fqllowed wltAMs fifid threw

stones when he was leaving. It was an absolute falsehood.

“NOTICED A CHANGE.”

Dr. E. A. Walker, medical euperintendent of the New Plymouth hospital. Rft id he agreed in general arith Dr. MeDiarm id’s evidence. It was possible, however, for Willis to have been in a fit condition to make a will in November and to have been in the condition in February as described by Dr. MeDiarmid. The acute condition of dementia progressed suddenly. His Honor: That is to say that a healthy man may sink in two or three months to the condition mentioned. The witness: Ye®.

Edwjn * Wright, farmer, Mangatokl. brother-in-law of John William Willis (beneficiary under the will) said that he had noticed a change in John Willis (deceased) about 1912. Willis then eeased to call witness by his Christian name. He wae at the funeral of John Willis’ brother in April. 1916. and on leaving the cemetery John Willis aaked who was being buried. To witness this wa« a revelation as to the state of Willis’ mind.

The Court adjourned at 5.45 p.m. till 10 a.m. to-day.