PECULIAR TAIHAPE WILL CASE.

Taranaki Herald, Volume LXVII, Issue 16462, 14 June 1919, Page 5

PECULIAR TAIHAPE WILL CASE.

SEVERAL WILLS MADE AND LOST. In the Supreme Court in Banco, before his Honour the Chief Justice (Sir Robert Stout), on Wednesday, Mrs. T. E. Wilson and her daughter applied for letters of administration of the estate of the late T. E. Wilson, of Taihape, settler, and formerly a journalist. Mr. M. Myers appeared for the applicants, and Mr. F. E. Kelly for the Public Trustee, who opposed the application. The circumstances of the case were somewhat peculiar. In November, 1914, the late T. E. Wilson made a will appointing the Public Trustee his executor, and after giving various legacies left his wife the income of his estate for her life, and after her death to her (laughter for life, the capital of the estate to go eventually to the children of the daughter, and in the event of her dying without issue, to the testator’s next-of-kin. In 1915 the testator withdrew his will from the Public Trust Office and in 1916 he made another will which was witnessed by Messrs. Duncan and Kelsall. None of the persons who made affidavits had had an opportunity of reading that will, but Mr, 1). Si Papworth, journalist, at Taihape, and Mr. Perry, librarian, of Wellington, made affidavits to the effect that the testator had informed them’ that he had made a will leaving his wife a life interest in his property, valued at about £25,000, the whole of which would go to his daughter on his wife’s death. The testator had also made statements to various persons, including the Public Trust Office agent at Taihape, that after his deatli the Public Trustee would have .the - management of his estate. The testator died in January, 1918. The. only testamentary documents found were in his deed-box at the bank at Taihape, and were two wills made prior to 1914, which had been revoked by - the 1914 will. The original of the 1914 will was not found, although a copy of.it was in tho deed box; nor was the original 1916 will found. In the circumstances an application' was made by the wife of the testator for letters of administration on the basis of deceased having died intestate. This application was opposed by the Public Trustee, who had lodged a caveat against the administration being granted. Mr. Myers, on behalf of the applicants, relied upon the presumption of law that tho wills of 1914 and 1916 not being forthcoming they had been destroyed by tho deceased with the intention of revoking them, and the onus of showing a contrary intention was upon the Public Trustee, who opposed letters of administration being granted. His Honour reserved his decision.