CAPACITY OF TESTATOR

Taranaki Daily News, 22 November 1930, Page 9

CAPACITY OF TESTATOR

SIR GEORGE HUNTER’S WILL .HIS WIDOW NOT SATISFIED. HEARING OF CLAIM UNFINISHED. By Telegraph.—Press Association. Wellington, Nov. 21. The hearing of the case, fin which Lady Hunter is challenging the Will and codicils of the late Sir George Hunter was . continued in the Supreme Court to-day. There are still about 25 witnesses to be called for plaintiffs. Reginald Biackiston, solicitor of Dannevirke, said he had known Sir George for 39 years. He referred to the visit he paid Sir George' on January 11 last. They talked about sheep, wool prices, politics and Sir Joseph Ward’s “millions.” Sir George seemed 'to have a grip of everything and to be the same as he had always known him. He saw no change in his mental outlook, although 'physically he looked weary. Sir George had given witness instructions for hie will. Witness would have taken them to Mr. Watson, but, taking his general conversation and talk into -account, he did not think there was any difference from when he knew him ten years ago, and thought he was quite capable of giving any business instructions.

Robert Gooseman, a horse trainer, said he visited Sir George on March 20 and noticed nothing different about him. Mr. Justice Reed asked witness which will was the most, favourable to-him.

Mr. Grey, K.C., said that witness’ interest was the same under all the three wills. that had been made. Witness said he knew from letters ho had received that he was included in the will. K John Davis Ormond, of Wallingford, said he had- known Sir George all his life. Ho saw him in February last and thought his.mind was as fresh as ever. Archibald MeNieol, managing editor of- the Dapnevirke News, said Sir George was chairman of directors of the company. Witness had known him for the past 20 years. He saw him in November last on business. A thing that struck witness was the quiet,. rational way he discussed his business. In talking about the paper, politics and other matters he- was just the same as always.’ He did not think any respectable man would have disparaged Sir George’s mentality. ,

EVIDENCE GIVEN BY MEMBERS.

Robert Alexander Wright, AI-P-, said lie had known.' Sir George intimately since 1914 i and had called to see him after, the session. The discussion had mainly been on politics and Sir George had taken an intelligent 'part in. the conversation. Witness had remarked that Sir George had looked, very well. Mentally he appeared to be normal. Counsel: You and Sir George had no difficulty in agreeing on the work of the past session ?—None. “You probably condemned it bell, book and candle?”—-“Weill, we did this particular Act” (the. Taxation Act). William Hughes Field, M.P., said he had-known Sir George well, and had gone to see him just after Christmas, 1929. From’ the conversations witness ■ would have .judged him to, be capable of transacting business. Counsel: Would he have been able to understand an intricate document? Witness: I don’t think he would have understood a complicated document but he could -understand a simple document. When this evidence-had .been concluded His Honour: said ffie. did not think it was necessary .that Sir George Hunter should have.; understood the legal phraseology of the will but only what the trusts were..

Evidence regarding the conversations he had with Sir 'George after his illness was given by Edward Gilbertson, a retired engineer of the Patangata County Council, and the Rev. Brierly„ Napier, formerly'vicar of St. Andrew’s Church at Porangahau. Both witnesses said they had noticed 'no signs of mental deterioration.

Percy Frederick Wall, sheepfarmer, said he had known Sir George for 30 years, and in company with others had visited Sir George in February last in connection witli proposed land transactions. Sir George had been able to carry on business transactions and witness had never noticed any signs of mental deterioration.

W. G. Hunter, sheepfaa'iner of Dannevirke, a cousin of Sir George, also said that he had seen Sir Geoi-ge on July 31 r when ae far a<s he could see Sir George had been all right. Cyril Paul Hunter, one of the executors of the will, detailed the conversations he had had with Sir George on October 20 last year. and ? November 8, 9 and- 10. He had mentioned a short holiday .trip he proposed- taking, and Sir -George liad professed-himself much ’interested in the conversations. ■ Sir George had appeared to be reasonably, well and witness described the slurring of the speech referred to by other witnesses as something that -would be likely to result from the- wearing of a new set of false teeth. ’

Before the Court adjourned in the afternoon Mr. Watson asked leave to have the evidence of Dr. Duncan, who attended Sir George at Rotorua, taken at that. town. His Honour intimated that he would adjourn the-proceedings until December 15, and Mr. Watson undertook to see that Dr. Duncan’s evidence was available at that date.