DISPUTED WILL CASE.

Wanganui Herald, Volume XVII, Issue 5204, 1 November 1883, Page 2

DISPUTED WILL CASE.

*a^ (CONTINUED. ) Daniel McGregor deposed ag follows : — I reside at Normanby. The late Mr John McGregor was my half brother. I came out at his request in 1849, when he was a farmer at Cherry Bank. I assisted him for some time. He was a sailor in early life, and told me he had received an injury to his head by the fall of a block, and felt the effects of it some*-' times. Two years afterwards we separated. I met him again in Sydney, and returned with him to Melbourne in 1852. I saw him six months before he died, at Royston House. He was quite childish. I had half an hour's conversation with him. A servant girl informed Miss Boyd who I was before J went in. Miss Boyd told me to sit down and she would bring him in as soon as possible. He was brought in 15 minutes afterwards by a young man named James Barlow, who sat him down in an arm chair. My brother thought Barlow did this too hurriedly, and swore at him, aud threatened to knock his head off with a stick. It was very unusual for my brother to swear when in his proper senses. He recognised me and shook hands. He said he was very glad to see me, and hoped I would make his house my home whenever I came. We talked about our past adventures, but he did not seem to remember what had passed. Miss Boyd was in the room all the time. I noticed that he was not the same as he used to be. He was talking a lot of silly nonsense, such as that if I would take away his wife somewhere he would give me a lot of money. He asked after my wife, who died in Wanganui, he being present at her funeral. He had on previous occasions, years before, asked me about getting married again, pud suggested that I should take his wife. On one occasion in 1852, we nearly ran ashore, near Tasmania, during a gale. He wanted some one to get aloft and furl the sail, but no one would do so. He did it himself, It was a time of danger, I asked him if he remembered the occurrence, and he said he recollected nothing about it. I ceased to speak to him about seven years before his illness' of February, 18S2, I noticed a great change in his voice, which was inuc'i weaker, and he seemed as if he would not live very long. He did not seem to care to talk. In reply to His Honor, the witness said that the only indication of weakness was his loss of memory. Examination continued : — I attended the funeral, and had some conversation with Miss Boyd. I asked her if there was any will. She told me there was none, and that if I would go to Mr Hutchison he would give me all the information. I went to Mr Hutchison, who told me he would give me a copy of the deed of gift. He promised to send the copy to Normanby, but never did so. He did cot show me the deed, and said that it was being registered at Wellington, but he would send me a copy when it came back. He said there was no 'vill— ibwas destroyed. I subsequently took out letters of administration. Cross-examined by Mr Travers — I told Miss Boyd I wished to see my brother alone. I did not wish to speak to him privately on anything particular, but simply did not want her to hear the conversation. He seemed to forget everything which had taken place years before, and his talk was childish. He did hot speak as a man would in his sound senses. I asked him a lot of questions, and Miss Boyd answered most of them. He said he was very bad, but did not state who was attending him. He was weak and disinclined for conversation. He did not shake hands at parting. Miss Boyd took him out of the room, and said it was too long for him to sit in the chair. As soon as ever he was placed in the chair after being brought in he recognised me, shook hands, and said he hoped I would make his house my home. John McGregor, one of the plaintiffs, residing at Cherry Bank, deposed as follows : — I am not related to Jona McGregor, deceased. I first became acquainted with him iv 1868, and subsequently I married in 1871 his adopted daughter, Christina McDonald McGregor. At the time I became engaged to be married to her she was. treated by him as his daughter, and the marriage was with his approval. She was about 20 or 21 when I mariied her. She was managing Mr McGregor's house at Cherry Bank. After the marriage I took a lease of Cherry Bank farm, which is still in existence. (Lease produced, dated 24th Jannary, 1844, for 99 years, at £600 during the late Mr McGregor's life time, reduceable to £300 after his death.) The lease included certain stock and other things. Cherry Bank is about 800 acres. I was on intimate and friendly terms with him both before and after my marriage. I went to reside at Cherry Bank about the time of the lease— lst February, 1874. He used to consult me about his business matters. I and and my wife were t eated as his adopted son and daughter, and our children &a grandchildren, and he used to write to us in those terms. I acted for him in connection with Aberfeldie and his other farms. Aberfeldie is about 1200 acre*. He has another place adjoining, called The Island, of about 700 acres. I used to see him every week about these farms. When he went to Scotland in 1876 he left me a power of attorney, giving me the usual authority to conduct his bu-iness, and I acted under it. I first met Miss Christina Boyd some time before this. A sjster of her's, since married to Mr Andrew Duncan, senr., was then living in Mr McGregor's house. After the marriage, Christina Boyd came to live with him. He returned in 1877, and I still continued on friendly terms with him. He consulted me about his business, and I carried it on for him more after he came back than before he went to Scotland, I remember his falling from his horse in December, 1879, and he was much hurt and affected by it. He suffered from bleeding from the nose before the fall, and it became more violent and repeated afterwards. He never rode up to his farm after the full, though he used to do so once a month before it. I was in charge of the farm at the time. On the 7th Februaiy, 1882, he had an apoplectic stroke. I saw him two days previously. He wished to see me very much to get things put in order, as he felt weakly. He said he wanted the lease drawn out for the Islaud. He told me to come on the following Wednesday to arrange matters. He talked of Miss Boyd annoying him, and said he did not know what to do with her. On the Tuesday he had the stoke. I had previously purchased Aberfeldie from him, and he said it was better for me to lease the Island than have any bother about it. I called in just after he had the stroke. He was very poorly, and did not know me, though he rallied a little after an hour. I had a few words with him. He had asked for me during the day. I asked him if he wanted a solicitor. He said " 2S'o." I asked him if he wanted to see Miss Boyd. and he also said " No." There were several people in the room, and Miss Boyd amongst them Dr Earle was attending him. I remained with him all night. Miss Boyd and -Mrs Carr watched with him also. During the night Miss Boyd upbraided him for not leaving her anything. She spoke to me on the matter, and I said I could not help it — it was not my doing. I stayed with him, nursing him most of the time during the next 11 days. Miss Boyd accused Mr Austin of giving the deceased an overdose of medicine, and of wanting to poison him. She referred the question to me and I said Austin was right. She said 1 was as bad as he was. She would not allow any medicine in the room, and took charge of it upstairs. This was 11 or 12 days after the old man was taken ill. I continued to nurse him from time to time until the 3rd of April. Between the 7th of February and 3rd of April Miss Boyd had conversations with the deceased about his affairs. She said she was ill treated. One night she thought he was dying, and she said to me "Mr McGregor, if you don't do your duty by me after he is dead I'll prove that the old man was out cf his mind when he sold you Aberfeldie. " I told her she was quite welcome to the property, for it was only a bnrden on me. Phe told the deceased he ought to look after his papers, as I was not doing right ly him. At this time he was not fit to do any business and could not be trust' d. Some times he would be ravins? about the house and at other times sensible. He chased people round the room with chairs and sticks. He wanted a knife or an axe, sometimes to destroy himself, and sometimes to make away with those in the room, especially myself. We had to lock up all dangerous Weapons , Sometimes we could ttftftdy M«fl#f*f*»4 hi* §9i\VsttsHti9tt, f £btte

know any of us. After his stroke I noticed a difference in his speach, as though his tongue was tied. He could not speak at all at times. Between the 7th of February and the 3rd of April he had several conversations with me about his property, but not of the same kind as before. He wanted to sell me certain houses up the river and Major Nixon's property, in which he had no interest. One morning he wanted to sell Royston House, Which he was living in, for LlO. I left off visiting him on the 3rd April, because Miss Boyd had turned him against me. When I went in the room he cursed and swore at me, and said I wanted to rob him. Miss Boyd was present, and sometimes her sister with her. He never treated me like this prior to the 7th February, aud the change in his conduct took place about the end of February or the beginning of March. I attribute the change to Miss Boyd because of her manner towards me, and of hef allusion to the poison. The deceased threw out hints about my poisoning him. Towards the end of February my wife and Miss Bdyd had a few words in the passage. Miss Boyd said my little boy, who was staying in the house, was a trouble to her, and my wife proposed to take him away. Miss Boyd said she knew that would be the case as soon as ever the breath was out of Mr McGregor's body. She said also that he would rot in bed before I would do anything for him. The two ladies came to high words, and Miss Boyd complained that she had been left out in the cold. I said that Mr McGregor had placed the greatest confidence in me for 12 or 13 years, and had given me the power of attorney. I asked her for the keys to get it out of the box at the Bank, and she seemed very much surprised when I had the power of attorney. Five days before he was taken ill he told me he felt he was getting weak, and might drop down in the street at any time, and there was the power of attorney for me to use. I heard her whispering to Mr McGregor something about papers. I never got the Power. I never saw Mr McGregor at Royston House after the 3rd April. Miss Boyd' and her sister drew down the blinds, locked the doors, and refused to admit me. Once I went with Mr Brechin, and Miss Boyd said Mr McGregor was very poorly and unfit to I be seen. Another time I was shown into the sitting-room, and said to Miss Boyd, " You might let me see his face if it's nothing more. " This was a mouth or two before his death. She made no reply. I did not see him, but she told me that as soon as Mr Hutchison came back she would have the accounts settled, and I understood her to say she would share the property. Mr McGregor's regular solicitor was Mr Hodge, who was absent from the colony during Mr McGregor's last illness. During his absence he used to employ Messrs Borlaae and Barnicoat. I had do conversation with Miss Boyd at the funeral. Mr McGregor never com-* plained about the way I conducted his business, and I never had an angry word or dispute with him about it. I was at Royston House on the 3rd of April, Mr Hutchison, Mr Brechin and I having been called up there. Mr McGregor wanted to make the Island over to Miss Boyd, and asked me how many "Royston Houses" he had on the Island, and what stock he had on it. I told him there were no houses on it except a woolshed. Mr Hutchison took down the particulars and handed the paper to Miss Boyd, aud said, "It's no use doing anything to-day." Mr Hutchison then left. Mr McGregor then turned round and said, "Are you satisfied now, Miss Boyd?" to which she made no reply. He said that when she died it would go to my son, and after my son's death it would go to a little girl who had visited Royston a few days before. I think it was Mrs Carr's little girl. He said, v Johnny, you and I have never quarelled, or had an angry word. I think thera is some uuderhand work going on. " Miss Boyd was in the room. Mr Biechin had left. I told him I would tell him all about it when he got better. Miss Boyd said, "There are two sides to a story." He asked me if I was married. I told him who was my wife, aid he said he didn't know who she was, and asked why she didn't come to see him. I came back at night, but Miss Boyd locked his door and said she was sorry she could not let me see Mr McGregor, as he was so bad. She asked me into a small room, and told me she did not want my wife to come about the house 'and trouble her any more. She also said that she had full power now, and did not want me about th.c place. I never spoke to deceased after that day, though I frequently saw him out driving. Cross-examined by Mr Travers — Deceased never told me to meet Mr Hutchison and Mr Brechin at Royston House for the purpose of winding up all transactions. He did not speak to me during his illness about dividing the stock at Mangawhero. He never said that he was going to provide handsomely for Miss Boyd. Ido not remember lifting my hat on hearing this, and leaving the house. He did not say that when he had once had a settlement with me he had done with me. My wife told me that she had had a great dispute with Miss Boyd, but she did not say' she would never go to the house again so long as that woman was in the house. She did go about a week or tea days afterwards. She did not say that the dispute was because i-he had demanded to take away the piano. My litt'eboy, Rob Roy, had been living with Mr McGregor for four years, under the care of Mis 3 Boyd. I had never made any complaint of his treatment. I forget wheth r he was brought away on the day of the dispute. Mr McGregor was much attached to the boy. My wife did not take the boy away to spite Miss Boyd, but because it was for his welfare. I wanted the power of attorney to draw money out of the bank, and pay Mr McGregor's accounts. Mr King at the bank wanted to see it. 1 had beea paying my own money away. He was not in a fit state to draw money himself. I did not want to get possession of all the papers in the box. I had many chances to do that. My rent was due on the Ist of February and Ist August. I have paid it to the Receiver appointed by the Court At this stage of the proceedings it was determiued to take Mr Hutchison's evidence, in order to allow him to get away ,to_ New Plymonth on the following morning. (jeorge Hutchison, solicitor, examined by Mr Travers, deposed as follows : — I first became ar quainted with the late Mr McGregor when I tirst came to Wanganui 17 years ago. T acted for him in one matter 10 years ago, but we had a difference about it, and I did not act for him again till February last. I attended at his residence on the Bth Feb. A message was brought to me to attend. I saw him, and he spoke to me. Very little took place that day. I found him sitting up in a chair, with wet clothes on his head. He shook hands, and said he felt very bad. He was e>idently suffering. Miss Boyd said, ' ' Here is Mr Hutchison whom you sent for ; you had better tell him what you want to do, as you promised." I understood what this was. but I asked him what he wanted me to do. I understood him to say he wanted to make a will. I asked him if he was sufF ring much, and he said he was. I said he would probably get better, and it might be as well not to disturbe himself aKout that matter, but to leave it for another time. The suggestion was assented to, and I left. I did not know Miss Boyd evea by sght till that day. On the 16th Feb. she called at my office, out I did not see Mr McGregor agsiin till Wednesday, Bth March Mr Rrechin asked me to go and see him. I did so, Mr Brechin accompanying me. I saw Mr McGregor, deceased, in one of the side rooms, sitting up at a table, and we had some conversation about making a disposition of his pioperty. I asked to see any will in existence, and one wai produced. I read ih over audibly to Mr McGregor, and he perfectly understood ifc. The documeLt producsd is a copy of the will I then saw, which professes to have been made in April, 1876, and prepared by Mr i Hodge. Mr McGregor wanted to make a will, and I ascertained from him what he wante Ito do. I suggested that it could be done- by a codicil to the other will. My conversations were with him, and he quite understood my explanations. I then and there prepared a codicil on the third page of the paper on which the will was written. Miss Boyd took no part in the instructions, arc! I have no recollection of her interfering. The instructions' were Mr McGregor's, and voluntarily given. Mr Brechin was present and there was a general conversation. I remember suggesting that Mr John McGregor, of Cherry Bank, the executor named in the will might be left to carry out the codicib The codicil was read over in Mr Bnvhln 1 * bearing «o4 eMoitifA . fey Mr HsQvQgsr, i9i' mim I wm /H*iM 6» 4»£f

occasion. I debited him with the charges; I attended again on April 3rd, Mr McGregor having expressed a wish that I should be present at a settlement of affairs .with Mr John McGregor. The latter waa present whilst I was, as were also Mr Breohin and Miss Boyd. Mr McGregor enumerated to me a number of properties in town and country, in an intelligent manner, and mentioning that-his wife's annuity of '£100 a year was charged on- the Mangawhero property. He asked Mr John McGregor, junr., about the wool money and what it would yield. I took a note, at the deceased's' request, of the various properties and particulars, including the sum mentioned by Mr John McGregor for the wool money. The deceased took an intelligent part in the whole proceedings. I remember bis asking Mr John McGregor " What about my Royston House up at Mangawhero." Everybody laughed, and I took the remark to be a joke. -'Miss Boyd took no part in the proceedings in the sense of controlling theni. I nexb attended with my clerk on 27th. I spoke to McGregor about the matter, and asked him what he really wanted to do. He said he wished to do what was expressed in the will — to leave all his property to his adopted daughter, Christina Boyd, subject only to whatever was charged on the property.. He expressed a wish that Mr Brechin and Mr King, as his best friends, should be his executors. I dictated a will in those terms ' to my clerk, Mr Hayes ; the will was read over ; and executed by Mr McGregor, Mr Hayes and myself being the. attesting witnesses. Mr Breechin and Miss Boyd were present. .He, .appended his signature, unaided in any way. - He, made some remark about his signature not being good enough for the bank, though it would do for a will. Mentally he seemed in possession of all his faculties, and I had never heard a suggestion of imbecility,' nor' was there anything to suggest such a thing. In June I prepared some deeds. •On the' 6th of June I attended by appointment, at Royston House, and received instructions from Mr McGregor, and very probably Mr Brechin and, Miss Boyd were present. I have no doubt I received instructions from Mr McGragor, who expressed dissatisfaction with Mr John. McGregor J unr's conduct both at this interview and also on other occasions previously. I prepared the- 3 dccc's upon 4 those instructions and they were afterwards? executed. A bond was also prepared from Mis 3 Boyd to Mr McGregor, aa i a measure of precaution, on his part as he was transferring nearly the whole of h>s property her. I think he suggested the bond Himself, and I deemed it a proper thing to prepare under the circumstances. Mr Brechin accompanied me ■ to Royston House when they were executed. He was the attesting witness,and was fully cognisant of their contents. Mr McGregor referred on one occasion to Mr Brechin as his best friend, and everything that was done was within Mr Brechin's knowledge, and often upon instructions conveyed by him. He never offered any objection to the deeds, or suggested any incapacity on Mr McGregor's part while he was alive. I never had any conception, .as » professional man, of any improper influence in the remotest degree. I prepared a power of attorney in favor of Miss Boyd, the instructionsforwbichcame exclusively through Mr Brechiu. He took it away, and I did not see it executed. I have seen Mr McGregor driving out, and have stopped and spoken to him. There was nothing in his conversation to indicate that he was not of rational mind. Cross-examined by Mr Fitzherbert — When I saw Mr McGregor on the Bth February I did not consider his mental state, but I thought it better to leave him in peace in consequence of his physical conition His condition had materially improved by the Bth March, when he was merely weak and not suffering. On the Bth April he seemed pretty well, and had been >out driving. He appeared like a man who would recover. I did not notice any failure in his speech, or inability <to pronounce the words. He generally spokebluffly, but not when ' in the house. Ihe power of attorney to Miss Boyd gave her complete powers, with a special clause as to the Bank account. The deeds and the bond were executed on the 10th June, 1882, specific instructions having been given on the 6th. The will was executed on the 27th. April. Mr McGregor's reason for giving Miss Boyd the property in his life time was that John McGregor was acting badly, and as he could not tell what might be done, it was better to be safe. Mr McGregor never spoke to me about destroying a will, but I was asked on one occasion to advise as to the effect of destruction. I never saw Mr McGregor at Royston House except in the presence of Miss Boyd, though she was not always present continuously. On every occasion Mr Brechin was present. Miss Boyd was not a client of mine. I charged everything to Mr McGregor, and the bill was paid in July, 1882. One of the conditions of the bond was that Miss Boyd should pay his debts. On the 16th February Miss Boyd asked me to advise her whether she should give up the keys, and that was all the business I ever did for her. Cn the 10th June, when the deeds were, signed, the deceased was very feeble, and propped up in bed. It was inconvenient for him to sign, and it was suggested that I should guide his hand, which I did. Mr Brechin did not hold up a paper bearing Mr McGregors signature, while I was guiding the latter's hand. He signed with my assistance. I attended the funeral, and Miss Boyd asked me to comeback afterwards, in case any questions were asked. I had an interview on the day of the funeral with Mr Dan McGregor and Mr John Me Gregor. I told them the deceased had made a deposition of his property, which super- , seded any will, and that the deed giving the real estate was registered. I said they could have a copy, but I never furnished one. I remember Mr Fitzherbert calling on me in October, and letters passing between us afterwards. In the beginning of January Mr Fitzherbert called and produced the letters of adminstration. I said there was nothing to administer, as the whole estate had passed to Miss Boyd. I added that she had taken the original deeds away, but I produced the draft of the deed conveying the personalty. I also told Mr Fitzherbert that Miss Boyd did not claim under any will, and I treated it as non-existent. . The Court thea adjourned till 10 o'clock on the following morning, when the interrupted cross examination of the plaintiff, John McGregor, will be resumed. Thursday, November Ist. The trial of the action, McGregor v Boyd, was resumed at the Supreme Court this morning, before His Honor the Chief Justice. Mr Fitzherberb appeared for the plaintiffs ; and Mr Travers for the defendant. John McGregor cross-examined, by Mr Travers, continued : — I remember being at the interview with Mr Hutchison and Mr Brechin on the Monday. ,It lasted 10 minutes or a quarter of an hour^o far as Mr Hutchison was concerned. I do not recollect that it lasted an hour. I do not recollect what time it be»an. I remember Mr Hutchison coming with Mr Brechin. Mr Hutchison's account of the interview does not tally with my statement. I met deceased first in the street. He was in a trap. I walked up to the house with Mr Breohin and Mr Hutchison, and we drove up there together. We all reached there about the same time. Mr Brechin told me that morning that deceased wanted me, but I did not come into town expressly by appointment. At the interview deceased conversed mostly with me, Mr Hutchison taking notes. Deceased asked me questions and I answered. I could not say whether Mr Hutchison spoke to deceased at all. I do not thing that he enumerated his properties to Mr Hutchison. To the best of my recollection deceased asked me how many properties he had. My wife "was at home during this interview on the 3rd of April. She went in to see deceased in the evening. I cannot say whether she went to fetch her son Bob's clothes. I was not there when she arrived. I cannot say whether the boy wai at Royston House on the 3rd April. I do not remember deceased reproaching me that day for taking him away, and my saying that he could have the boy back if lie liked. Mr Brechin and I called one Sunday morning at Royston House between the 3rd of April and the 19th June. I do not think I ever went on any other occasion between those dates. I parted good friends on the 3rd April. I got word that Dr Curie would not allow lr.o .o see him after that date. I never heard deceased say that he did not wish to see me again. I was at the house about dusk on the evening of the 3rd, after my wife toad gou* home, *n& Mfo» Boy 4 U>U tttf 1 WMfi'f

the house afterwards, between the 3rd April and the 19 th June, except on Sunday morning, the date of which I do not recollect, I made enquiries after deceased through my man and through Mr JBrechin. I went in June or July to ace how deceased was getting on, and also about the cattle. I do not remember whether it was at that time that I received a lawyer's application about the stock. I did not see deaeased, because Miss Boyd said he was not in a fit state to be seen, and was very bad, Ido not remember Miss Boyd askiug me if I would like to see him, and my replying that I did not want to have anything to say to deceased as long aa she was in the house. She said Mr Hair was going up to divide the stock, and asked me to give him a hand. I got a letter from Mr Hutchison on that subject, but I do not remember whether that letter brought me into town. 1 will not be sure that I asked to see deceased that day. I saw him once afterwards in Mi's Duncan's buggy. I went once or tvi ice to the house after the 17th June to enquire after him, but I cannot fix the dates. The letter produced is in my writing. [Letter, dated 19th June, from witness to deceased, expressing a longing to see him and get the benefit of his advice and comfort in the management of the farms at Mangawhero, and also saying that he was glad to hear deceased had asked after him, though he thought he (witness) was not wanted at the house. The letter concluded by sending bind regards to the Miss Boyds' for the care they were taking of him.] From all I heard, the Miss Boyds treated deceased kindly. The boy was 10 years of age, and had been living 4 years at Royston House. Miss Boyd was very affectionate to him when he first went there, but it fell off afterwards. I never heard Miss Boyd express herself much hurt at the boy being taken away. The boy was never told not to go into Koyston House, Miss Boyd complained of the boy going there because it was making him (the boy) nervous. When I asked deceased if he wanted a solicitor, I also asked him if he wanted to do anything for Mis 3 Boyd. Deceased replied in the negative. Thia took place on the day of the strok •, and not in the room, but at the back of the hous\ near the chimney. I did not think he was fit to see a lawyer. I had he..rd during the evening that he had been enqurincj for one. I merely asked him out of curiosity. Miss Boyd was scarcely ever away from deceased's bedside after the stroke, though she sometimes took an hour's sleep. I was there also for some time, and took very little sleep. I did not tell James Barlow to watch Miss Boyd I heard her whisper t > the old man that I had taken away the boy. Deceased was not fit to do any business after the 7th February, whenever I saw him. He rambled, and would not believe he was in his own hovse. He wanted to get away from it constantly between the 7th February and 3rd of April. He made out he was travelling a great distance, and wanted to get home. He sometimes spoke of his long journey in the way of a man would speak of his last end. Sometimes he could not be kept in bed because he wanted to pack up his things for his journey. He was sometimes light-headed and outrageous, but at other times he was right up to 9 10 in the morning. I can't say it will be to my advantage if I prove him to have been childish all this time. I do not expect to get the property, and there is no bargain between Mr Dan McGregor and myself. I joined in the suit to get my rights. Re-examined by Mr Fitzherbert— l was originally a plaintiff in this suit. I was joined in consequence of an objection raised by Mr Travers. I wrote the letter on the 19fch of June to deceased because he wanted me to divide the stock with James Barlow. Owing to Mr Hodge's absence in England, Mr McGregor told me that he should get Borlase and Barnicoat to do his business, and they were employed in the Aberfeldie lease. The Btock was to be divided between deceased aud myself, and James Barlow was to assist me in doing so. I was to sell such stock as the Island would not carry, and apply the proceeds in fencing the Island into paddocks. The first intimation I received of Mr Hair being called in to divide the stock, was a letter from Mr Hutchison, and partly in consequence of it I wrote the letter on the 19th June. I also wrote it because I heard from James Barlow that deceased had a iked after me. I sent the letter by Mr Breohiu. Before I asked deceased if he wanted a so'icitor, I had been informed thab Miss Boyd and a servant eirl bad been after one, and I thought it might be on his mind. When deceased spoke 'of going a journey ; he seemed t:> refer to an actual physical journey. Deceased sometimes addressed me by my name, and sometimes by another name, as he did not always recognise me. Sometimes he called me his brother John, and sometimes "that young man." Sometime* he would take up the blankets as if wringing sails and as if sewing with his fingt rs. He would ask those about him to hold up the blankets so that be could work at it, and was much annoyed if we didn't do so. Sometimes he acted as if he wa« steering a boat, and spoke of taking the first boat up the Wanganui River. I bulieve he was the man who took the first boat up. He would carse and swear if we didn't hold up the blankets. By the Chief Justice:—O n one occision be wanted me to nnrry Miss Boyd, and said "you're a nice young fellow — are you married? Get married to this young lady." pointing to Miss Boyd. Thia was on a Sunday, and I think the two Miss Boyds and Barlow werepresent. I laughed, &c. I wa^ married. Another evening he used to go all over the house, fancying there was some one there to injure him. We used to follow him to paci ( y him. Sometimes he would meet Bums or Friend, who were nursing him. and .would say "I've got you, you robber." One night I entered the room, and he cursed aud swore at me, and said " All you come about the house for is to rob and kill me, and make away with me." I pacified him by saying I was his son-in-law. Miss Boyd came in, and told deceased not to go on like that, and he quieted down. He evident'y did not know who I was. His Honor remarked that people of thiskind who had money ard no actual relations were often suspicious of those about them, even if they knew who thos^ persons were. Witness continued : — I believe deceased did not recognise me at such times. I have seen deceased feed himself with a spoon, but I was not usually present at his meals. He read very much before his illness, especially a year or so before it He read the Bible and the newspaper, and used to say the Bible was his only book now. After his illness, he would try to read the paper, and have it upside down, not knowing the difference. He did not read himself after his illness, but Miss Boyd and I used to read to him. In reply to the Chief Justice, tlie witness .said be had nothing to add as to deceased's childishness J. R. Sommerville deposed as follows : — I knew the late Mr McGregor, of Royston House, as far back as 1854, aud was well acquainted with his character and habits, and always on ftiendly terms with him. I know Mis John McGregor, formerly deceased's adopted dans/liter. I have heard deceased often speak of her as his adopted daughter, and say that all Ms property would b« left to her. He said that Cherry Bank should go to her eldest son and that whoever married Christina would have to chanpe his name and become a McGrrgcr. I saw deceased on one occasion after his fit. He was io Ms trap, in the street, opposite the Bank of New Pouth Wales. Miss Boyd said it was the first occasion he had been out since the fit. She was not in the trap at that time. Peceased was much altered in appearance. Formerly, he had been hearty and Bt'ut, and red in the face, and then he looked pale and bad. Deceased began to speak about the trouble he had with Manpawhero. I told him he was foolish to think anything about it. He suddenly V>roke off into another course, and said, "Do you remember Faria Lockhart?" I said "Of course I do." He s.ud ' Do you remember little Maggie ?" — a child of his. I said I recollected her well enough. He said fttt my mother had been very good to tha shild. He referred again to Mangawhero, and said he was ruined and had no money Miss Boyd then came out of the bank. I had never seen him so incoherent, and I thought he was not right, and attributed it to his ll'nes'. I had never noticed h'm like th-<t before, and the subject of Fana Lockhsrt and Maggie had not been introduced between tio Jor y? flf«/ Farta t^eHhart ira» the oiotber ffi *lfif®iß, »na to? * N*« v«/ tesAi %w»mfy

before his fib, was a hard-working, self-made man, and had a good idea of keeping his property iv his own hands, and being independent. He was a man who would accept no gift from any man without paying it back in come way. John McGregor's rent of £600 was too much, but deceased said that it didn't matter — he could give a part of tho rent back again. (. ross-examined by Mr Travers — I am a friend of Mr John McGregor, and I think his wife has the best claims to the property. Duncan McGregor deposed as follows — I am a brother of the plaintiff John McGregor. I knew the deceased. I called to see him at Royston House in July. Miss Boyd came out, and I iold her I came to see Mr McGregor. She said I could not see him, as he was not in a fit state. I did not see him. I said I just wished to see him and not to do any business. I told Miss Boyd I came on business connected with the Cherry Bank lease. Peceased and I were trustees of that lease on behalf of John McGregor's wife. I had a message from my brother about the stock and Mr Hair's interference, She said she had instructed a lawyer. I left the house, and Mr Robert Hair entered it just as I left. We subsequently travelled up to Mangawhero together. Mr Hair was valuing the stock on behalf of Miss Boyd. Cross-examined by Mr Travers — I do not recollect taking a note to the house from my brother, or asking to see the lease. I will not be positive that I did not bring the note produced. [Letter produced, being a request from John McGregor to Miss Boyd to deliver the Cherry Bank lease to Mr Duncan McGregor.] John C. Brechin deposed as follows — I have resided 19 years in Wanganni, and am | at present salesman at Mrs Hogg's. I knew thelateMr John McGregor, of Royston House. I first saw him in Melbourne in September 1853, when he was on his way home to England . After his return I met him in Wanganui in 1863 or 64, and saw him very frefiuently and transacted business with him. I became on intimate terms with him whilst he was living on his farm at Cherry Bank. He asked me to collect his town rents, which I did for several years. I remember his fall from a horse in December 1579, which caused him regular fits or bleeding at the nose. He had an apoplectic fit on 7th February 1882. I saw him the same afternoon, and found him conscious, but in a dozed state. He knew me well enough. I as-isted him into his bed. Mr Hutchison was at Royston House the same day. I was told he had been sent for in consequence of Mr Caffry not being obtainable. I recollect calling, either at the request of Mr McGregor or Miss Boyd, on the Bth or 9th of March, upon Mr Hutchison and asking him to go to Royston House. He went with me in the afternoon, and saw the deceased with Miss Christina Boyd and Misj Mary Boyd. A codicil was prepared by Mr Hutchison and added to a former will. Some discussion took place as to the various wills made by deceased, and it was elicited that Mes3rs Brechin and King, the executors appointed by the last will, had disclaimed the trust. Examination continued — I heard the codicile read over. It gave Miss Boyd £500 a year, and Royston House for life. I suggested his giving rhe the house right out, which he declined to do. Deceased signed his name to the codocil,] and seemed pretty well that day both mentally and physically, and seemed