MRS WILLIS’S ESTATE.

Star (Christchurch), Issue 16819, 23 August 1922, Page 7

MRS WILLIS’S ESTATE.

PROBATE OF WILL GRANTED, JUDGE DECIDES !N MISS WILLIS’S FAVOUR. Probate of the wil]_ of Mrs "Rachel Willis, Healey Avenue, who dipd on March 7, 1922, was granted by his Honor Mr Justice Adams to-day. Mr O T. J. Alpers, for Miss Ada Willis, Mrs ’Willis’s daughter, to whom the bulk of the property is left, moved for probate. A caveat was lodged on behalf of Airs Willis's four sons, who opposed probate on the ground that Aliss AVillis exercised undue influence over her mother. His Honor .said he was satisfied l>eyond any doubt that the last will made in 1919, and a previous one, made in 1917. were prepared by Air H S. J. Goodman from the direct instructions of Mrs Willis were executed in accordance with the law. and each occasion Airs Willis was of sound disposing mind and memory, understood the contents of the instruments. and intended to execute them as her wills. His Honor continued : “ Counsel for the caveators (the brothers), in opening. put the rase for undue influence upon the grounds that the testratri c and her sons never had lost their affection for each but that she had been practically :orced to make the wills of 1917 and 1919; that defendant (.Miss Willis) by threats and other improper means, obtained a dominating, influence over the testatrix, who was afraid to meet her sons in the defend ant’s presence ; that the defendant had received letters sent by her brothers to testatrix and cither prevented her from replying, or dictated the replies ; that the defendant had poisoned the mind of the testatrix against the caveators and other members of the family, and kept her from having any private communication with them. Under examination by their counsel, the cri-

dence of the caveators in the main sup ported counsel’s opening, but their ad- j missions on cross-examination, andi the : documentary evidence, present so many ! inconsistencies in essential details that j it would be difficult to accept the other portions of their evidence ; even in the absence of evidence j in support of the wills other than that j of the attesting witnesses. It is ; scarcely credible that the letters and j documents could havo been dictated by ! filial affection, or influenced by that respectful consideration which is due from a son to a mother of considerable age. and physically infirm, who. according to their own account, retained all her maternal affection for them. Upon the whole of the evidence I am abundantly satisfied that, until a short time before her death, the testatrix retained her full mental powers, 'and j that she executed the will now pro- j pounded after full deliberation, and 1 without coercion or persuasian. I am also satisfied that during the last few years of her life she had become so dissatisfied with the conduct of her sons that she no longer desired theirvisits, and that it was by her wish that the defendant endeavoured to keep them apart. However much an estrangement between parent and child is to be deplored. I think it only light to say that in my judgment only the uncharitable would pass judgment upon j her. “The 1919 will in itself is a reasonable and just will. The defendant de- I voted her life to the service of the tes- j tatrix ; according to the testimony of J those well able to judge, she has been j a faithful daughter and devoted nurse. J All the sons were out iu the world at- j tending to their own affairs, and. j protec paternal estate, in the re- I version of which they were entitled to j share under the will of the deceased \ husband and father, rendered to the i testatrix no loving or compassionate j service. Her estate is not large, and j she has bestowed it upon her daugh- j ters according to t heir deserts, as those J deserts appeared to her ” His Honor j declared for the will, and granted pro- ! bate in solemn form. He ordered the brothers to pav Miss TV illls’ s costs, which he fixed ‘ at £52 10s, with disbursements, and witnesses’ expenses, to be fixed by tlie Registrar. At the hearing Mr Alpers appeared for Miss Willis as defendant, and Mr M. Myers. Wellington, with him Mr A. F. Wright, for the brothers. Mr W. J. Sim today appeared for the brothers.