SONS OPPOSE PROBATE OF WILL

Star (Christchurch), Issue 17781, 26 February 1926, Page 8

SONS OPPOSE PROBATE OF WILL

MOTHER’S SANITY QUESTIONED IN COURT. The will of Mrs Louisa Christina Anderson, who died at Kaiapoi on November 4 last, was the subject of a dispute in the Supreme Court to-day between members of her family. She was eighty-two years of age, and left an estate valued at £SOO. One of her sons, George Robert Anderson, 365, Armagh .Street, Christchurch, railway employee, had lodged a caveat against the granting of probate of the will. The trustees, Hubert Edward Anderson. Kaiapoi, baker, and George Etherington, Kaiapoi. farmer, now sought to establish the will, and asked for a decree of probate in solemn form of law.

The application for probate was opposed by the defendants, G. R. Anderson, William Anderson, Ashburton, baker’s assistant, and James Anderson, Hanmer, baker, all sons of Mrs Anderson, on the ground that Mrs Anderson did not know all the contents of the will, and was not, at the time, of sound mind, memory and understanding, a condition caused by advancing age. They asked that the Court should pronounce against the validitv of the will.

Mr Rowe appeared for 11. E. Anderson and Etherington,. plaintiffs, Mr K. M. Gresson for G. R. Anderson, Mr Sargent for W. Anderson, and Mr Thomas for J. Anderson.

Mr Rowe said that there was no suggestion of undue influence; the onlv question was as to Mrs Anderson’s testamentary capacity when the will was made. She had been a widow for five years. About a year before her death she gave a property worth about £4OO to her son George, one of the defendants, who now attacked the will. Soon before her death she gave another property worth about £4OO to a son of her son Hubert. She held at her death two mortgages, worth £250 each, and they were the whole of her estate at the time of death. On three occasions she consulted Mr Etherington as to her will. She pointed out that George and Hubert had done much for her. She said that William had received all he deserved, but she left £IOO to his children. As to James, she said that during the whole of her widowhood he had seen her only once, and that she would do nothing for him in her will. The contents of her will showed a very clear appreciation of her position and of her duties. The will was read over to her twice before she signed it. Apart from times when she suffered from heart trouble, she showed no signs of loss of memory or lack of understanding. Dr R. W. Anderson said that the con dition of Mrs Anderson’s heart at the date, of the will would not imply mental incapacity. Mr Justice Adams: In a case of senile decay, the patient may be quite rational one day and irrational the fol lowing day?—That is so. And that continues throughout tfte period to the end?—Yes, but the lucid intervals may become less frequent, and shorter. George Etherington said that on three occasions when Mrs Anderson consulted him as to the will, her mind was very keen. He never had known it clearer. So far from showing weakness of memory, she remembered things better than he did. She was “as keen as keen.” The solicitor who prepared the will explained every clause to her. lan C. Graham, solicitor, Kaiapoi, w ho prepared the will, said that he was convinced that, at the time, Mrs Anderson was of sound mind, memory and understanding. To Mr Thomas: There was no general discussion amongst those present just before the will was read, aH&ough he asked Mrs Anderson questions, and she answered.

Another petty-officer said that the way the “boys” had been nursed by the Christchurch people was fine. They also appreciated the train and tram services placed at their disposal free. Other sailors expressed themselves in the same strain quite spontaneously.

OFFICERS RETURN CALLS AT PORT.

A return official call was made this morning by Comander Massey, of the Adelaide, and Commander Manners, of the Delhi, to the Mayor of Lyttelton, Mr F. E. Sutton, and to the harbourmaster, Captain T. M. Hunter.

The officers of the two ships will hold a combined reception on board the vessels to-morrow afternoon between 3 and 6 o’clock.