WOMAN TORE UP CODICIL TO WILL.

Star (Christchurch), Issue 18785, 14 June 1929, Page 13

WOMAN TORE UP CODICIL TO WILL.

JUDGE PRAISES ACTION OF NEWMARKET CHURCH IN SUPREME COURT. Per Press Association. AUCKLAND, June 13. The mistake of a testatrix in tear ing 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 her 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 Conn cil of the South Seas Evangelist Mi> sion, £SOO to assist students in train ing at the Bible Training Institute and the residue to the body common ly known as the Newmarket Church In a codicil dated September 29 1928, testatrix provided that, if her niece 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,” and she also left £SOO to her attendant, Mrs Page. This codicil she destroyed on October 6, 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 codi cil 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 the document would cause legal trouble. He advised her to call in a solicitor at once to have a new codicil 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 wnether they could be traced. No objection to the granting of probate of the will and codicil was offered bv counsel for the Newmarket Church. In deciding to grant probate, uis Honor commented that the attitude of the Newmarket Church reflected much credit on it, and showed that it was imbued with the prop. Christian spirit. The old practice in these cases was to leave the 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 it properly drawn. Costs are to be paid out of the estate. ____________________