WIDOW ATTACKS WILL

Taranaki Daily News, 18 December 1930, Page 9

WIDOW ATTACKS WILL

SIR GEORGE HUNTER’S BEQUESTS. ■ /

MEDICAL EVIDENCE HEARD.

By Telegraph.—Press Association.

Wellington, December 17. The Hunter case was continued today, Dr?'Hughes Steele/being cross-ex-amined by Mr, Watson. ■ Witness said that at a conference of the doctors he heard Dr. Giesen express

the opinion that Sir George had. not testamentary capacity ‘‘at that time at all.” Witness did not know the legal definition of testamentary capacity.. He knew, the medical' side. Witness said the statement was compiled by Mr, Watson as a result of the conference of lawyers and medical men. Most of the discussion was based on .Sir George's testamentary capacity and the legal interpretation of the word “make” in the' attestation clause in reference to the will. At the time witness was under’the impression, owing to the bulk of the will, that Sir George had made a very complicated will. He was perfectly satisfied in his own mind that Sir George- had testamentary capacity under the circumstances arid conditions which witness had adopted, but he was not sure whether this was strictly legally correct—whether/ Sir George would have had to make a-, will without the help of someone who .was conversant with his affairs and. knew how he proposed to dispose of his property, and who could aid his memory. / ; \ Witness admitted that plaintiff’s eoli,ci tor. visited him. a fair number of times. He came mostly on account of Dr. 1 Giesen’s statement, which rather alarmed 'witness.- ■ . '' .

. Witness denied the suggestion .by Mr. Watson that he (Dr, Steele), after having .received the certificate from Dr. Giesen, communicated with Dr. Giesen and told him: “The certificate would not do for Mr.'Dunn.”

Mr. Watson; “Isn’t it a fact that the certificate was in this form, ‘While it. is obvious ’ that. Sir .George' is unable to transact business he,.is able to understand the fact of ’ his signing of' the will?’”’ ‘

Witness: “Nonsense.” Witness declared that he frequently called in Dr. Gieseri for consultations, b.ut he did not like the way Dr. .Giesen mixed up medicine and law. If Dr. Giesen had said Sir George- had not- testamentary capacity witness would have stopped the will-making at once. Mr. Watson asked if witness knew that Dr. Duncan had expressed the opinion that Sir George, had t no testamentary capacity while 1 at -Rotorua and whether, in view of that, he Was prepared to say that Dr. Duncan’s evidence ,wa» nonsense.

Dr. Steele: “Utter nonsense.” / Mr. Watson: “Have, you had previous experience of testing a man for testamentary capacity?” Witness': “Not previously for willmaking-” He added that he carried out no specific tests as to the capacity of Sir George in that respect, as ’ he was seeing "Sir George every day as the case progressed. He tested Sir George’s memory for lack of confusion of ideas. After he had been about seven hours in the box Dr. Hughes Steele’s evidence concluded this afternoon, when the Qourt adjourned until to-morrow.