SISTERS SIGNED EACH OTHER’S WILL

Wanganui Chronicle, Volume 89, Issue 287, 5 December 1945, Page 4

SISTERS SIGNED EACH OTHER’S WILL

JUDGE REFUSES TO GRANT PROBATE APPLICATION

(P.A.) Christchurch, Dec. 4. After hearing an extraordinary story in the Supreme Court to-day, of two sisters, Maud Lucy and Jane Remington, both now dead, who had inadvertently signed each other’s wills, Mr. Justice Northcroft refused to deal with the case as a motion by Mr. R. J. Loughnan for the Guardian Trust and Executors Co. Ltd., executor of both wills, for probate of the will of the second sister, Jane Remington. Her estate was valued at about £2500. Mr. Loughnan said that it was an extraordinary story of two women, who had lived together all their lives, deciding in 1930 to make similar wills. They asked the Guardian Trust and Executors Company’s Christchurch manager to draw up their wills. That was an increasingly common practice. “But not a desirable one,” remarked His Honour. “Professional work should be done by professional men.” The then manager of the company took the sisters’ instructions, said Mr. Loughnan, but the company’s solicitor drew up the wills. The latter d'id not, however, Mr. Loughnan agreed, supervise the vitally important part of the signing of the wills. UNFORTUNATE OVERSIGHT. When the wills had been drawn up, continued Mr. Loughnan, the two sisters called with their brother-in-law at the company’s office to sign them, two clerks being called in by the manager to attest the documents. By an unfortunate accident, each unwittingly signed the other’s will. Stranger still, this was not discovered until th© second sister, Jane Remington, cHed on September 9 of last year, because the second mistake had occurred on the death of Maud Lucy Remington in 1940, in which the Post Office Savings Bank was also involved. As the estate amounted to only some £25 in the bank, no probate was necessary. “Maud Lucy’s will was sent by the Post Office to Wellington for scrutiny” said Mr. Loughnan, “and was initialled, confirmed, approved and generally blessed by everyone through whose hands it passed, no one noticing that it was signed by Jane. The bank paid the estate to the company, which thus received Maud Lucy's estate by virtue of a will signed by the other sister.” Later, under a new rule, the surviving will was sent to the company’s head office in Auckland. “It is extraordinary that the mistake was not discovered then,” remarked His Honour. “Wills should surely have been checked on receipt.” £2500 ESTATE. It was not until Jane Remington died in September, 1914, that the jpistake was discovered, said Mr. Loughnan, and since the estate was of considerable value, amounting to about £2500, the company was much concerned. Another unfortunate accident was that Maud Lucy’s will, signed by Jane Remington, which had been returned to the Christchurch manager of the company by the Post Office, could not be found. “That would not have happened had the busmess been done, as it should have been, by a solicitor,” remarked His Honour. “He would have filed it away. I cannot imagine such a thing occurring in any properly run solicitor’s office. AU sorts of important matters in regard to wills crop up long after the makers of them are dead, and I cannot imagine any responsible person treating so important a document in such a perfunctory manner.”

Regarding the form in which the case was brought before the Court, Mr. Loughnan said that there was nothing sinister in any part of it. “The case glows with good faith,’ he declared. “And with blundering,” commented His Honour, “or perhaps it would be kinder to say, ‘mishaps.’ ”

It was a practice of the courts said His Honour, for matters of probate to be determined by action and he had warned applicant’s solicitor that this) was his opinion. There were good reasons for such matters to be dealt with by action. Probate in common form was not final and conclusive. If it were granted there was nothing to prevent ore of the next of kin starting an action to upset it, resulting i| a redundancy of action such as the Court would always prevent if it could. He was concerned for the position of the residuary legatee. His Honour ordered the will to be propounded by act’on in sol emn Io rm. THE WEATHER (Special). Wellington, Dec. 4. Situation.—Pressure is high to the north-east. A depression is crossing Otago from the north-west. Forecast Io 5 p.m.: Fresh northwesterly winds. Weather fair to cloudy and mild. Further outlook: Scattered rain to-night; fair again on 'Thursday. The New Zealand Friends’ School. St. John’s Hill, reports as follows loj the 24 hours ending 6 p.m. yesterday - Sunshine, 9 hours 40 minutes. Rainfall, nil. Maximum temperature, 72 deg. Fahr.; minimum temperature, 46deg. Fahr. Time of Sunset To-day.- 7.41 p.m. Timo of Sunrise To-morrow.—4.4l a.m.