VALIDITY OF WILL

Wanganui Chronicle, Volume 79, Issue 237, 7 October 1936, Page 8

VALIDITY OF WILL

WEALTHY SPINSTER CHRISTCHURCH HEARING [ Per Pre«s Association.. | CHRISTCHURCH, Oct. 5. The hearing of an application to j have the probate of a will allegedly made by the late Elizabeth Smith, spinster, revoked and the will declared null and void was comemnced before Mr. Justice Northcroft in the Supreme Court to-day. The will was sworn for purposes of probate at £77,000 but at the time it was drawn up the estate was estimated at between £5O - 000 and £BO,OOO. Plaintiffs were Olive Judge and Ivy Cookson, both of Christchurch, ana defendant was the Guardian Trust and Executors Coy. of New Zealand, Ltd. It was claimed by plaintiffs that at the time the alleged will, dated June 8, 1934, was purported to have been executed Elizabethe Smith was not of sound mind, memory, and understanding. On June 8, 1934, the statement continued, Elizabeth Smith was aged 8u years or thereabouts, and remainea until the day of her death suffering from senile dementia. With the exception of an admission that probate of the will was granted to the defendant company on July 19, 1935, the statement of defence was a general denial of the allegations made in the statement of claim. It was agreed that the case for the delence should be taken first, Mr. H. F. O’Leary, K.C., contending that the onus was on the plaintiff company to uphold the will. Mr. Haslam, for the defendant company, said it at at the beginning of 1933 the Guardian Trust Coy.’s manager became concerned because he had found that Miss Smith had been approached by the representatives of the Investment Executive Trust ano had transferred to them shares in the South British Insurance Coy. and the New Zealand Insurance Coy. Later she had transferred further shares to the representatives of the same company. Later the manager of the Guardian Trust had found that Miss Smith had been investing in gold mining companies, a flax company, and a tobacco company. Mr. Haslam continued. and he had approached her relatives with a view to obtaining an order under the Aged and Infirm Persons Act, but they would not agree to do so.

Finally, the Guardian Trust and Executors Coy. had sought and obtained on order under the Act. For a number of years Miss Smith had been very careful in financial matters, and it was freely admitted that she had been going round the streets picking. up small pieces of wood and fruit which fell from stalls. This was probably eccentricity, and was no evidence of. incapacity, Mr. Haslam added. The case for the defence was taken first, Mr. O’Leary claiming that the onus was on the defendant company to uphold the will. In opening the case. Dr. Haslam said Miss Smith's testamentary capacity on June 8, 1934, was a vital point. She had inherited in 1922 a large share of her brother’s estate for which the Guardian Trust and Executors Company was trustee. At the beginning of 1933 the manager of the company in Christchurch became concerned because Miss Smith had been approached by representatives of he Investment Executive Trust of New Zealand and induced by them to dispose of hei shares in the South British Insurance Coy., and the New Zealand Insurance Coy. to a value of £ll.OOO and to invest money in the Investment Executive Trust. It was clear Miss Smith had been prevailed on by salesmen against her better judgement. Later she invested in goldmining shares and a flax comnanv. She lost between £6OOO and £7OOO in twelve months. After some time the Guardian Trust obtained an order under the Aged and Infirm Persons Act, to which Miss Smith agreed after a discussion with Mr. Justice Osler in chambers. The Guardian Trust proceeded to recover some of the investments. The manager of the Trust suggested to Miss Smith that she make <- will and in March 1934 she agreed to do so. It was suggested to her that she leave the residue of her setate, after specific bequests, to relatives, but she said she had already provided for them. The residue should go to charity. She said she was against leaving her relatives too much money. Miss Smith. Dr. Haslam said, had lived in a very ascetic fashion. She had been seen in the streets picking up pieces of wood and paper and fruit which fell from stalls. This was probably' eccentricity and was no evidence of incapacity. The evidence was given by Charles S. Thomas, barrister and solicitor, of conversations with Miss Smith about taking out a protection order, the purchase and sale of shares and the drawing of her will. He was fully satisfied that she knew what she was doing and knew the full purport of the will she executed.

Other evidence was given by Claude Wilkins, law clerk, about conversations when the will was being prepared and when it was signed. The Rev. Frederick Norman Tavlor. vicar of St., Lukes, said that Miss Smith had lived in a parsimonious fashion, poorly dressed. Her mental conditions always seemed to him normal and her memory good. Duncan McKenzie, detective, said he questioned Miss Smith about a man who had obtained money from hei for shares and who was subsequentlv charged in Court with obtaining £125 from her by false pretences. Miss Smith’s statement and the evidence in the Court had been clearly and coherently given. The hearing was adjourned until to-morrow. evidence of doctor. [ Ppt Prees A»sociation. 1 CHRISTCHURCH, Oct. 6. Further evidence for the defence was given in the Supreme Court today during the hearing of the application to have the probate of the will allegedly made by the late Miss Elizabeth Smith revoked and the will declared null and void The plaintiffs were Olive Judge and Ivy Cookson, both of ‘Christchurch, and the defendant was the Guardian Trust and Executors' Company cf New Zealand, Ltd. Dr. Baxter sal-l that he met Miss Smith in the office of the South British Insurance Company in November 1933. He had been informed previ-

for August last year. ously that Miss Smith had changed several of her investments and that she had been approached by share salesmen and appeared rather carried away by them He had a conversation with Miss Smith, and after the interview said he was n- t satisfied with her mental condition. For the purposes of further obseivation he drove her home. Partly as a result of his conversation with Miss Smith and partly as a result cC what he had been told she was doing with her estate he formed the opinion that she was an easy prey for enterprising share salesmen, and he wiote a report to that effect.

Mr. Barrowclough: VVr.at did she say in regard to these salesmen? Witness: She regretted yielding to their persuasions, but I thought it probable that she would not be able to resist them if they came back.