PECULIAR WILL CASE.

Timaru Herald, Volume CXXV, Issue 18291, 14 June 1929, Page 11

PECULIAR WILL CASE.

CODICIL RESTORED. CHURCH’S ACTION COMMENDED. By Telegraph —Press Association. AUCKLAND, June 13. A mistake of a testatrix in tearing up an important codicil to her will, under the impression that it was invalid, led to the matter being brought before Mr Justice Blair for rectification in the Supreme Court. The will in dispute was that of Maria Louisa Petersen, a widow who died last October, leaving an estate of about £9OOO. In a will dated July 20, 1927, deceased left £IOOO each to a nephew and niece in Denmark; £250 to the Auckland Council of the China Inland Mission; £250 to the Auckland Council of the Poona and Indian Village Mission; £250 to the Sydney Council of the South Seas Evangelist Mission; £SOO to assist students in training at the Bible Training Institute; and the residue to the body commonly known as the Newmarket Church. In a codicil dated September 29th, 1928, the testatrix provided that if her neice and nephew could not be found, part of their share should be used for Mr Petersen, a student at present in the Training Institute, “to carry the Gospel to Denmark.” She also left £SOO to her attendant, Mrs Page. This codicil she destroyed on October 6th, under the impression that it was of no effect. The executors asked the Court to pronounce the will and codicil valid, and to grant probate of both.

An accountant who drafted the codicil for Mrs Petersen at her request said she signed it in the presence of himself and two other witnesses. She tore it up on his advice, as a legal friend had told him that the document would cause legal trouble. He advised her to call in a solicitor at once to have a new codocil properly drafted, but she died before she could do this. Recent communications to the nephew and niece in Denmark had brought no reply, and the testatrix doubted whether they could be traced. No objection to the granting of probate of the will and codicil was offered by counsel for the Newmarket Church. In deciding to grant probate, His Honour commented that the attitude of the Newmarket Church reflected much credit on it, and showed it was imbued with the proper Christian spirit. The old practice hi these cases was to leave a decision on the facts to a jury. It was clear that the testatrix had no intention of revoking the codicil when she destroyed the document, but did so in order to have it properly drawn. Costs are to be paid out of the estate.