A DISPUTED WILL.

Taranaki Daily News, 26 August 1921, Page 7

A DISPUTED WILL.

PETITION TO SUPREME COURT. HLS HONOR RESERVES DECISION. Conclusion was reached by the Supreme Court yesterday morning of the case in which Mary M. Brockett (of Melbourne) and another, proceeded against John W. Willis and .James Byrne (of Kapuni) claiming revocation of probate of the will of John Willis (deceased). The claim was based on the grounds that testator was of unsound mind when the will was made. His Honor Mr. Justice Salmon occupied the Bench.

In reviewing the facts on behalf of plaintiffs, Mr. P. O’Dea said it was clear that the late John Willis had suffered from what was commonly known as cerebral softening. He proceeded io refer to authorities on the question of sanity on making a will. It had been said that the highest degree of all was required to constitute capacity to make testamentary disposition. Where there were delusions in the testator every presumption in the first instance was made against the will. The evidence in this case had been that for years before John Willis had not known his nephews and nieces, and there were other instances of failings on his part. It was a question of whether Willis appreciated what he was doing. For the trustees Mr. R. H. Quilliam urged that there was no evidence of any undue influence being exercised as had been alleged. His Honor: On the assumption that John Willis was of testamentary capacity there is no evidence of undue influence. Mr. O’Dea: That is the point. Resuming, Mr. Quilliam pointed out that with the exception qf two nephews in Australia everybody who might have been expected "to be included in the will received a share. His Honor: The suggestion is that the will was not his own doing but an impassive act as the result of suggestions made bv others. Mr Qinlliam pointed out that in this instance it was not a case in which somebody who was included in a former will had been left out by the later disposition. The man who rect '.ved the most wag the one best entitled to it, and the reasonableness and justice of the will itself was an important feature. From the circumstances at the time instructions were given for the will to be prepared, and also at the time of execution counsel thought that the evidence showed testator was of sound mind when he made the will, and also preparatory to making it. His Honor remarked it was a significant thing that he had not heard of the progress of testator afterwards and what he died of. - Deeision was reserved.’