SIR G. HUNTER’S WILL

Taranaki Daily News, 20 November 1930, Page 11

SIR G. HUNTER’S WILL

DISPUTE TAKEN TO COURT EXECUTORS ASK FOR DECREE. TESTATOR’S ABILITY QUESTIONED. By Telegraph.—Press Association. Wellington,- Nov. 19. Two executors of the will of the late Sir George Hunter, Messrs. Cyril Paul Hunter and Thomas Percy Hunter, in the Supreme Court to-day asked for a decree of probate, .Lady Hunter and her seven-year-old child being named as defendants. Lady Hunter is the third executor. The ’defence is that the will and codicils propounded by plaintiffs were not duly executed according to the provisions of the statute, that deceased, at the time they purported to have been executed, was not of sound mind, memory and understanding, and that at all 'times from September 26, 1929, until the time of his death he was so impaired physically and mentally by illness that he was unable to manage his affairs or form a rational opinion as to or to originate ideas as to the extent of his property or, the claims of others upon his bounty, and'did not understand the nature of tho dispositions of the will and codicils, or their effect. As a counter-claim, Lady Hunter claims that Sir George Hunter duly executed his last true will on August 21, 1924, and the court was asked to proonunee for this will and codicil of the same date in solemn form.

Mr. . . Gray, for plaintiffs, said he was at a loss to understand if it was suggested that there was any unfairness about Sir George Hunter’s bequest. He said that Lady Hunter took an active part in the discussions. Handsome provision had been made for relatives, and particularly hjs wife and daughter; but for the making of the codicils counsel claimed that the proceedings would never have been brought. It was most unfortunate, to say the least, that his generous treatment of his wife and children should be challenged, and any reflection cast upon his testamentary capacity.

Mr. Alexander Dunn, barrister, Wellington, said he was the sole owner of the business of Bethune and Hunter, which had acted as agents for Sir George at least since 1910. Sir George s estate was sworn at £175,000. Witness gave details of the instructions received from Sir George concerning his bequests. Sir George volunteered everything, and was as clear as .ever he had been. He was ill physically, but knew what he was talking about. Although witness had no doubt about Sir George’s testamentaly abilitv, he suggested to Lady Huntei, and she agreed, that Sir George should be medically tested. The will was read to Sir George on October 13. Doctors Steele and McDonald were present. Dr. Steele asked Sir George if he knew that he was.signing his will ajid if he knew tho contents. Sir George said he did. Witness saw Sir George about twice a week. At no time had he seen any sign of mental weakness. He always appeared alert and keen when talking about his business affairs. . Dr/ McDonald this evening gave evidence I 'of witnessing the signing of the will. He considered Sir George to be in possession of all his faculties. ~ In reply to his Honour he said’ that had he realised the possible significance of witnessing the signature he wouldhave made a closer investigation of . Sir George’s,jmentality.” When he arrived •at the house he gathered that those concerned had been waiting for the first day that Sir George could sign the will. Sir-George had been asked by Dr. Steel whether he knew he was signing his vzjJL and whether he comprehended the contents. Sir George signified assent... Alexander Dunn, solicitor, was again cress-examined. He detailed various discussions that had taken place, as a result of which the codicils to will had been drawn up. Throughout one of these discussions Sir George had been very undecided but not through any mental disability. Later Lady Hunter pointed out, said witness, that the income from the run had been very. little recently and Sir George had agreed to increase her annuity to' £2500. Next day witness was told that £lOO,OOO was to be divided between Mrs;, Cox (sister of Lady Hunter) and Sir George’s three children, while at this interview also he was told that two more legatees had been added. Soon after this Sir George said he was tired of all the discussions rand urged that the whole thing should be brought to finality. Witness prepared a new will and it was executed, Dr. Steel acting as a witness. He was confident tho testator understood everything that had been said in the discussions and was fully aware of provisions of the will. . .