DISPUTED WILL
HELD TO BE VALID [ Per Tress Association. J WELLINGTON, Aug. 4. After a trial lasting three days, Mr Justice Ostler has given a decision in Ihe case of William Ormsby Fisher, of Wellington, labourer, against Charlotte Lynch, of Johnsonville, iu regard to the estate of Elizabeth Archibald, of Wellington, widow, deceased. Tho action was for the purpo*j of proving a will executed by testatrix o» April 7, 1933. Airs Lv ch, one of he principal legatees in a prior will dated September 8, 1930, had lodged a caveat against the granting of probate in respect to the will, her defence to plaintiff’s claim being firstly that at the time of the will dated April 7, 1933, testatrix was not of sound mind: and secondly, that the execution of the will had been obtained by the undue influence of plaintiff, Fisher. In his judgment. His Honour held that plaintiff had discharged the onus upon him of establishing to the satisfaction of the Court that testatrix was of testamentary capacity at. the time of the execution of the will. Accordingly he made a declaration that the will executed on April 7, 1933, was \ alid. Costs were awarded plaintiff.
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Bibliographic details
Wanganui Chronicle, Volume 76, Issue 183, 5 August 1933, Page 9
Word Count
198DISPUTED WILL Wanganui Chronicle, Volume 76, Issue 183, 5 August 1933, Page 9
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