DISPUTE OVER WILL

Wairarapa Daily Times, 6 October 1936, Page 6

DISPUTE OVER WILL

CHRISTCHURCH CASE. CHRISTCHURCH, Monday. The hearing of an application to have probate of a will allegedly made by the late Elizabeth Smith) spinster, revoked and the will declared null and void, was commenced before Mr Justice Northcroft in the Supreme Court today. 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 £50,000 and £60,000. The plaintiffs were Olive Judge and Ivy Oookson, both of Christchurch, and the defendant was the Guardian Trust and Executors Company of New Limited. It was claimed by the plaintiffs that at the time the alleged will, dated Bth June, 1934, was purported to have been executed, Elizabeth Smith was not of sound mind, memory and understanding. On Bth June, 1934, the statement continued, Elizabeth Smith was aged 80 years or thereabouts, and remained until the day of her death suffering from senile dementia.

With the exception of an admission that probate of tho will was granted to the defendant, company on 19th July, 1935, the statement of defence was a general denial of tho allegations made in the statement of claim. It was agreed that tho case for the defence should be taken first, Mr 11. F. O’Leary, K.C., contending that the onus was on the defendant company to uphold the will.

Evidence for the defence was being taken when the hearing was adjourned until to-morrow. —(P.A.)