WESTLAKE CASE

Wanganui Chronicle, Volume 74, Issue 278, 24 November 1931, Page 11

WESTLAKE CASE

A SUDDEN ENDING JUDGMENT FOR THE WIDOW STATEMENT BY COUN'. IL WELLINGTON, Nov. 23. After two doctors had been called this morning, completing the evidence for the defence, the Westlake will case in the Supreme Court came to a sudden ending. An adjournment was granted to enable senior counsel for the plaintiff to confer with the parties interested, and upon the Court resuming counsel said he did not intend calling evidence in rebuttal of that given by the defence, and left the case in the hands of the Court. . Counsel also made a statement relative to the attitude adopted by the Public Trustee, as executor of the will, and the Salvation Army authorities, who benefited considerably from the residuary estate. Mr. Justice MacGregor entered judgment for the widow of the testator, Catherine Louisa Westlake, and the other persons joined with her as defendants. The action, which was commenced last Wednesday, concerned an application made by the Public Trustee for probate in solemn form of law of the last will and codicil of John Brown Westlake, late of Pahiatua, who left a valuable estate. Mrs. Westlake and the other defendants opposed the application on the ground that Westlake was of unsound mind memory, and understanding, and this allegation his Honour upheld in giving judgment. “Westlake a Paranoic.” The view, based on the evidence he had heard, that Westlake was suffering from paranoia, was expressed by Dr. T. G. Gray, Director of Mental Hospitals. Paranoia was a delusion that became systematised and formed the nucleus for a number of other delusions. The ordinary life of a paranoic was normal, except so far as his experiences in life came into relation with Ins delusion. The individual was generally suspicious, hyper-sensitive, readily offended, and quick to read hidden mean-

ings into perfectly innocent actions. “A paranoic,” continued Dr. Gray, “is as likely as not to be well endowed intellectually.” There was nothing extraordinary in the evidence that Westlake was a capable, successful, and honourable business man. It appeared that the callous conduct of Westlake was definitely related to paranoia. “I think,” added Dr. Gray, “that in this case, which is a typical case of paranoia, that one has to conclude that the hardships which, he inflicted upon his wife and family were due to an aversion caused by the disease from which he wa~ suffering. I have got no doubt whatever about that.” Dr. Gray said, he thought that Westlake’s later will was made after his delusions were fully developed. The statements in that will regarding the son and daughter—statements which were directly against all the evidence in the case—were evidently in the nature of rationalisation. That was to say, his ideas were arrived at in an endeavour to harmonise with his preformed antipathy toward his imaginary enemies. In witness’ opinion, Westlake was not capable of making a just will. He described Westlake’s testamentary disposition as having been perverted by reason of his delusions. !Dr. E. W. Giescn, of Wellington, said he agreed with the evidence of Dr. Gray. Witness said he did not think it possible to say when the affliction began, but the condition of paranoia would be well established when the acts of cruelty, spoken of by witnesses, were committed. This concluded the evidence for the defence, after which, as the request of senior counsel for the plaintiff, the Court was adjourned for a time to enable him to hold a conference. No Evidence in Rebuttal. “I do not propose calling any evidence, but I desire to make a statement to the Court,” said leading counsel for the plaintiff on the Court resuming. “I desire to say that the Salvation Army authorities, who were the residuary beneficiaries under the will, have from the first acknowledged that the provision in thG will for Mrs. Westlake and the unmarried daughter was inadequate and that proper provision should be made for them, and also that the son and married daughter should benefit. To allow this endeavours have been made from time to time to settle matters as between the interested parties, but without success, although the authorities considered that the suggestions made by them were fair and even generous. When negotiations broke down it was deemed advisable by the Public Trustee, the executor and the authorities that application for probate in solemn form should be made and the matter left to the decision of the Court. Salvation Army’s Position. “The Salvation Army authorities have always felt that a man who could bo so successful in his business as to amass his fortune, who could be so helpful to his fellows with advice and assistance, and who could at / in public positions, must have had testamentary capacity, and they had no doubt as to his genuine desire to help them. They were fortified in this by the knowledge that legal men who drew his wills and ; codicils had at the time no hesitation in acepting him as of testamentary capacity, and also by tho knowledge that a

member of Parliament, who knew him well and had witnessed one of his codicils, declared in the Court that he knew exactly what he was doing when that codicil was signed. Matter Left to the Court. “In. these circumstances they instruct me to leave it to the Court to say whether or not the testator had testamentary capacity. The Public Trustee feels as a public officer he should have a judgment of the Court. The Commissioner of the Salvation Army, as administrator of funds which are more or less public, takes the same view, and asks for the Court’s judgment. Your Honour will understand that my clients do not now agree that the testator was not of testamentary capacity, but, as they have always desired to do, leave the matter to the Court and will, of course, readily and cheerfully accept the decision.” “Testator was Insane.” “In this case I think counsel for the plaintiff has exercised a wise discretion in not further contesting the case,” said his Honour. “As the evidence went on it became more and more clear to me that this unfortunate man was insane, and that the particular form of insanity from which he was suffering now appears from the expert’s evidence to be paranoia, which, as many of us know is a most insidious and dangerous form of Insanity. I don’t require to say any more than that, except that I am not at all satisfied he was of sound mind, memory, or understanding in 1915, when he made his will, and in 1928, when he made the codicil confirming that will; in fact, I shall go further and say that I am satisfied affirmatively that on both these dates he was not of sound mind, memory, or understanding. That being so, my only duty is to refuse probate and enter judgment for the defendants accordingly.” Senior counsel for the plaintiff submitted that the plaintiff was entitled to an order for costs as between solicitor and client. The whole question of ’ costs, however, was reserved.