SIR G. HUNTER’S WILLS

Taranaki Daily News, 21 November 1930, Page 9

SIR G. HUNTER’S WILLS

dispute concerning WAS HIS'JUDGMENT IMPAIRED? EFFECT OF APOPLECTIC STROKE. • T h ' C By Telegraph, Association. Wellington, Last Night. A statement showing the estimated value of the estate of the late Sir George Hunter at approximately £198,028 was produced in the Supreme Court to-day, when further evidence was heard concerning the claim of two of the executors, Messrs. Cyril Paul Hunter and Percy Thomas Hunter, for probate of the will, The defendants are Lady Hunter, who is the third executor, and her seven-year-old child. Alexander Dunn, solicitor, crossexamined by Mr. Watson, said the reading of the will to Sir George Hunter and the subsequent explanation of the various clauses might have taken 20 minutes or half an hour. Counsel: Was he very tired before you started to read this document? Witness: No. I didn’t understand that he was particularly tired- Ho was propped up in bed on pillows. Counsel: With cold water packs on the body to reduce the pressure and temperature. Witness: I didn’t notice that. It may have been so. Counsel: Do you think that this man, aged 72, in 14 "days after a apoplectic stroke was capable of following your reading of the will? Witness: Of course I don’t know how he was applying himself while I was reading it, but if he had taken the trouble he was perfectly capable of understandinor the whole thing. Counsel: You think he did fully understand what you were reading? Witness: I do. Witness said that all the important clauses of the will, down to the machinery clauses, were read to Sir George. Mr. Watson: So three pages of the will were never read to him at all. Witness said that Sir George demurred. He informed him that the remaining clauses were the same as in the previous will. t , Mr. Watson: In the 1924 will Hetty received a much larger residue than under your second will. She received everything in the estate by way of residue? Witness: She would get a larger residue because the legacies were less and the £lO,OOO legacy to the step-child-ren is not in it. ON HORNS OF DILEMMA.

To Mr. Perry (for Betty) witness said that under the 1924 will Betty would be living entirely on her mother’s bounty except in case of her mother’s death or re-marriage, but ultimately she would obtain the income- from the whole of the residue of the estate after the payment of annuities. There was no provision in the next will of October 12, *1929, for the maintenance and advantages of the child, but in the will of November and codicils one of the bequests to the child was the Dixon Street property when she reached 21. To a further question of Mr. Perry’s witness said it was estimated that the death duties would be £40,000. Assuming that the value of the estate was £175,000 that' left £135,000. His Honour: Which will do you say suits you Inst, Mr. Perry? . Mr. Perry: I am trying to ascertain. I am on the horns of a. dilemma between the two wills. Dunn, in response to a request by Mr. Perry, nrpduced a statement showino- the estimated value ,df the estate af approximately £198;028. .That was a rough estimate. The value of the estate had been sworn for probate purposes at approximately £175,000. Witness later stated that as yet he had been unable to investigate loans made by Sir George to politicians and hia constituents, They\ were numerous, but the question was how much they were worth. Mr. Perry: Do you mean the poli“ticians or the constituents? Witness: Both. (Laughter). The loans must run into £12,000 or £15,000.

Sir George was very liberal. His Honour asked Dunn if at the meeting of the three trustees held after Sir George Hunter’s death Lady Hunter had ever protested at never having been consulted concerning two of the codicils to Lie will. Witness: She said that if I had sent the will to Rotorua when I was asked to number the defects she then professed to be finding they would have been remedied. She, did not contend Sir. George had not the full possession of his faculties. WEDDING GIFTS SUGGESTED. Mr. Watson cross-examined witness on a letter he had written to Cyril Hunter stating that he had found a suitable -opportunity to mention to Sir George the matter of a legacy of £5OOO which apparently had been promised him as a wedding gift 15 years earlier, Witness would not have mentioned the matter at all had Sir George not asked him if anything had been left out of the will. \ Dr. S. H. Hay, Rotorua, said he had seen Sir George Hunter at Rotorua in May last, some time after Sir George had had the stroke. Witness had had no difficulty in understanding Sir George, who had answered questions clearly and readily. Latex- witness had frequently conversed with Sir George, who had always spoken intelligently. Witness never saw any signs of failing mentality. George .Urquhart, solicitor, Rotorua, said he had been called in on May 12 to attest a signature of Sir George Hunter’s in connection with a land transfer. He was sure he understood the dealing. Witness attested the signatures on further documents and on each occasion Sir George -was perfectly rational. Hugh McLean Campbell, sheepfarmer of Hawke’s Bay, said he had known Sir George intimately at least 30 years. Witness went to see Sir George soon after the stroke and formed the impression that apart from some paleness Sir- George looked fairly well. Mentally Sir George had appeared to be the same as usual. The main topics of discussion were politics and farming. Witness did not remember his any party conferences during that period. James McNutt, sheepfarmer, said he had known Sir George Hunter all his life. He visited him in February 1 t with the idea of purchasing a part of the Porangahau station. Sir George had discussed the proposed transaction clearly, and in witness’ opinion his mental condition was as good as ever. lan Wallace Nicol Mackie, solicitor of Waipukurau, detailed an interview he, in company with other people, had with Sir George in February concerning land transactions. Sir George was perfectly clear in his conversation.

When the Court resumed this eveningevidence was heard from Charles H. Patterson, sheepfarmer of Waipawa. He said he had seen Sir George after the county councils’ conference in Julylast, when he had discussed various questions. Sir George had spoken as intelligently as usual and witness had observed no ’change in him. Similar evidence was given by Harry Parsons, farmer, concerning the trans-

actions in the purchase of land. To Mr. Watson witness said that both the price and the terms bad been given to Mr. Dunn before ’Sir George had been seen, All that Sir George had had to do was to say yes or no to the proposals.

William George Nightingale, journalist and secretary of the Waipukurau Jockey Club, said he had known Sir George for 30 years. Witness had seen Sir George in January and had discussed various topics, principally racing, at Waipukurau, He had appeared quite rational. Witness had also seen Sir George in March and July, when racing matters had again been discussed. “Who did most of the talking?”—“l did. When I took a rest he asked me questions.” William Duncan Fleming, sheepfarmer, Frederick Lee Selby, stockbuyer (Dannevirke) also gave similar evidence. Answering Mr. Gray the latter said Sir George had told him he intended to give substantial wedding gifts to “the iboys,” who, witness said, were Cyril and Paul Hunter, This conversation took place about 17 years ago. George McKenzie, wool-classei - of Wellington, detailed three interviews he had had with Sir George, stating that he had formed the impression that pir George was in no way failing. The Court adjourned until to-mor-row.