IN BANCO.

Star (Christchurch), Issue 6282, 13 September 1898, Page 3

IN BANCO.

IN THE MATTER OF THE WILL OP THOMAS PALMER, LATE <"i_ TEMUKA, PARMER. This was an application by the Public Trustee, claiming probate of the deceased's will, dated Dec. 11, 1897, as the executor named in the will. Thu widow of thedeceased opposed the application, alleging that the testator was not of sound mind, memory and understanding at the time of the execution of the will. Mr Kippenberger appeared in snpport of the will, and of the children, who were left out of the benefits arising under the will, and Mr Raymond on behalf of the widow opposed the application.

Tne testator , had been a farmer who had resided at Temuka for more than twenty years, and had committed suicide oh May 18, 1898, leaving a wife and ten children. About sixteen or seventeen years ago, Palmer had .been committed to ; _ie Sunnyside asylum for lunacy. It : wa3 also alleged that since his release from the . asylum he had recurrent attacks of insanity, and from the year 1896 until the time of his death his mental balance had not been properly adjusted. In 18S8 the testator had made a will devising his property to trustees upon' trust, to pay the income to his widow during her life, andaf ter her death to distribute the estato equally among his children as they attained their majority. This will was revoked in 1890, and another made on the same terms with slight alterations. In 1896 symptoms of the recurrence of his insanity were observed, and an attempt, which failed, was made to put him again into the asylum. - His family subsequently, acting under legal advice, took steps to have him imprisoned for assault. . Palmer took his will of ,1890 away from his solicitor in January, 1897. On Dec. 11, 1897, the testator made the will for which application was now made to the Court for probate to be granted. Under the provisions of this will the whole of the testator's property was given to be distributed amongst four of his children, Thomas, Silas, Ellen and James Wicks Palmer. The former will was revoked, and the widow and remaining six children were not to share in the property. Mr Kippenberger contended that the will should be admitted to probate, and ; hat the testator was of testamentary capacity at the time of its being made. He a ddressed the Court on the facts disclosed n the affidavits, and the mental condition o° the testator. ' ( Mr Raymond addressed the Court against the will, urging that the testator was of unsound mind at the time of execution of the will, and contending that the delusions under which the testator suffered were in themselves sufficient proofs of insanity to show his unfitness for testamentary capacity. Mr Kippenberger having replied, His Honor, in summing up, said the case was a clear one. According to admitted facts the testator was a married man, fiftyeight years of age, with ten children, the eldest of whom wa3 twenty-six and the youngest eight at the time of his death. [Left sitting.]

TPer Press Association.! NAPIER, Sept. 13.. At the Supreme Court to-day Edward Dowling was sentenced to nine months' imprisonment for burglary, and Robert Sonierville to six months for the theft of ' books. There is only one other case to be heard.