DISPUTED WILL CASE.

Wanganui Herald, Volume XVII, Issue 5205, 2 November 1883, Page 2

DISPUTED WILL CASE.

(John brkchin's evidence continued.) Examination continued — I heard the codicil read over. It gave Miss Boyd £500 a year, and Royston House for life. I suggested his giving the the house right out, which he declined to do. Deceased signed his name to the codicil, and seemed pretty j well that day both mentally and physically, and seemed to know what he was doing. He was better th--i he had been some days previously. Mr Hutchison read the codicil, and asked deceased if he understood it, and' he said ' Yes.' The two Miss Boyda, Mr Hutchison, deceased, and myself were present. Mr Hutchison prepared the codicil by request, either of Mr McGregor or Miss Boyd. I don't know which of the two. Mr McGregor said to Mr Hutchison that he wanted to make some settlement on Miss Boyd more than he had done. My impression is that Mr Hutchison read the will on which he endorsed the codicil. The alteration was an increase from £100 to £500 a year. I was present at the house on the 3rd April, when Mr Hutchison went up in the trap with Miss Boyd and deceased; and John McGregor and I followed on foot. We all sat down in the room round a table. Deceased stated that he wanted to get from John McGregor, of Cherry Bank, a statement of his ttock at Mangawhero. John McGregor, there and then, gave the statement, Mr Hutchison taking it down on a paper, which he afterwards handed to Miss Boyd. Mr John McGregor was not so frequent in his visits to the hou-e after the 3rd April as he was before. On the 27th April a will was signed by deceased in my presence. Mr Hutchkon dictated the will to his clerk, Mr Hayes. It left eveiy thing to Miss Boyd. Deceased wes sitting in a chair when he signed it. The signature (will produced) is something like his usual si^aature. Ido not remember his saying anything about h ; s signature not being good enough for the bank. He was feeble and shaky, and signed twice over. I am attesting witness of the power of attorney. I got instructions for it from either Miss Boyd or deceased, or both together, and took them to Mr Hutchison, who prepared the document. I took it to decer.^ed on the day after the will was signed, and got his signature. I saw him eveiy day from the time he was taken ill to the day of his death. I recollect the 10th of June, when two deeds of gift and a bond were signed. I knew nothing about them till Mr Hutchison called in at Mrs Hogg's shop, aud asked me to go up and witness Mr McGregor's signature. I went to Royston House, and heard the deeds read. Deceased waa sitting in bed, propped un, and very frail physically. Either Miss Boya or her sister put his spectacles on him. Mr Hutchison read him the papers, and asked him if he understood them. He said "Yes." A pen was put in his hand, but he was not able to sign himself. He was physically incapable of writing. Mr Hutchison took his hand and guided it. There was a difficulty about tracing his signature, and witness held up a document for Mr Hutchison to copy the signature from. He could not have traced deceased's signature without something to imitate it from, He did not make a cross.' .His Honor said that it would have been better for a cross to have been made than for the deceased to have si^aed in this way. Examination continued : — I could not say whether deceased could read through the spectacles. I was present on the 25th July when deceased destroyed certain documents. Miss Boyd said that I was wanted to witness him destroy two wills, which he did by taking a pen and drawing it across them, holding them up and remarking " This is the last will and testimony of me, Jock McGregor, the first white man that brought a vessel across the Wanganui bar." The wills wepe then torn up and thrown in the fire, and burnt in my presence. Miss Boyd stated that it was deceased's wish that they might be destroyed. She also said that Duncan McGregor and Mr Burnett, solicitor, had been at Mr George Hutchison's office to enquire about some deed, that Mr Duncan McGregor and Mr John McGregor of Royston House were trustees for Mr John McGregor Junr., of Cherry Bank. I did not see the contents of the will?. On several occasions deceased spoke of his intended disposition of his property. In Sept. 1831, when he was not very strong in body, he told me he had so much interest to pay on his Mangawhero estate, £4( 3 a year. I said to him " You are always telling me what you are going to do for your ton, Johnny, of Cherry Bank, and hi 3 wife and children. You should sell Mangawhero to him at a reasonable price, and let him take over the mortgage." The deceased did some months afterwards. He always spoke of John McGregor as his heir, and that he intended all he had • for his wife and children, except Koyston House and £100 a year for Miss Boyd. Mr Travers said that he was prepared to admit that these were deceased's intentions up to a certain period just before his illness, subject, as it would be shewn, to an intention to increase his bounty to Miss Boyd to some extent. He would also admit that up to a short period before his fit deceased was on friendly terms with Mrs John McGregor and the children, though he might have entertained some reason for objectirg to John McGregor himself. He would also admit that the stroke caused tbe deceased to be in enfeebled bodily health, and prostrated him at times.. Examined by Mr Travers : I do not recolLct any occasion when deceased transacted any business without one of the Miss Boyds being present. I was in no degree surprised to find them present when I went. Miss Christina Boyd had been in the house for ysars. Miss Boyd always treated deceased kindly, Mr Uitzherbsrt would admit that, in order to save time. Cross-examination continued : The interview on the 3rd of April lasted fifteen or twenty minutes. I was not present longer than that. I was not paid by the time for attending — (laughter)— aud therefore did not take particular notice. There was a general conversation about the property. Deceased spoke rationally part of the time and sometimes jocularly. He seemed to understand what was goicg on. Re-examined — There did not seem at that time to be any ill feeling between deceased and John McGregor. I think if he had had anything to say against the latter he would have told me. He never expressed dissatisfaction with John McGregor then or afterwards. One day he expressed wonder to me that John McGregor never came to see him. He said he could not understand it, as he had never done John any harm. Mr Travers said that he was under a wrong impression when he asked Mr Duncan McGregor if he brought the letter to Royston House on the 17th June. He found now that the letter came through another channel. In reply to the Chief Justice, the witness Brechin s lid I do not think that deceased enumerated to Mr Hutchison the properties he had. The statement taken down in pencil was only approximate. I do not think he could have lucidly given a liat. He might have done so roughly, but not part'cularly. I thought that, as the list was takeo in pencil, it was a farce to pie ise the old man. When deceased made the will of the 27th April, neither I nor Mr Hutchison (so far as 1 am aware) made any suggestion to the deceased about his making such a great alteration in the disposition of his property. We did not ask him why he made such a difference towards his adopted son. I think it was after the 27th of April that deI ceased asked why John McGregor did n t come to see him. I know of no reason why he did not go, except from what Miss Boyd said to me. I never told the old man why John McGregor did not visit him. Miss Boyd to!d me that she and Mrs John McGregor hai an altercation about the piano, and that Mrs John McGregor left not at all satisfied, and that she was told by Miss Boyd not to come back again unless she was quiet when she returned. John McGregor told me that whore his wife was not admitted was no place for him. I only saw Mrs John McGregor at Roysfcon House once or twice after deceased was tak-.n ill, tin ugh she used to euq-iire of me at the shop about him. I was surprised at John McGregor discontinuing his visits, but I attribute his doing so to tbe iovr about the piano. Mrs Christina McDonald McGregor, wife of the plaintiff John McGregor or Cherry Bank said :— I reoolleot deceased's fall from his horse on 20th December 1879. He suf-

fered occasionally fiom bleeding at the nose aftenrards. I saw deceased on the day of his apoplectic fit. He was very helpless and leaning against a wall, swaying one side or the other. Miss Boyd drew his attention to my being in the room. He did not recognise me at first, bat afterwards he did so, and asked for my husband. It was difficult to understand what he said. He would begin a sentence, forget the rest of it, and burst into tears. I went the next afternoon, and saw him, but I do not remember speaking to him. He was very * much worse, and did not seem to recognise any one about -him. I saw him again on the following Monday, and he did not seem much better. He was quieter, but it was very hard to understand what he eaid. He spoke in a hoarse whisper, as though he could not articulate the words. I can't say he knew me then. I saw him the following Thursday, when he was much better, and speaking clear. On that afternoon Miss Boyd and I had a.quarrel. She complained that her sister was obliged to be away from him so long, and that she herself was worn out with attending on Mr McGregor. Miss Christina Boyd said she could not expect her sister to waste her life as she had done. I said that there was no occasion for that, ps if we could not find anyone in Wanganui to take care of him we would even advertise in the Australian colonies. I would have him removed to my own house, and take charge of him by the aid of a man. She turned in a sharp manner, and said " he would rot in his bed, if it were not' for me." I fked Mis Eoyd if she knew who she was speaking to, as I had a perfect right to take charge of him. She then complained of my son Bobbie, who was then about 9. years old, and had been staying 4 years at Royston House. He was walking past me, a little lame. I f»ked what wfi the matter with his foot. He said there was a thorn in it. I offered to t~ke it out. Miss Boyd said she had looked, md there wr s no thorn. She said he had been a very naughty boy, and had gone into kJandpa's bedroom and turned up his books, looking for something, and that he appeared at the door of his grandpa's aiek room with a prayer printed on a large card. That he only did such a thing because his grandpa was eick, and she was busy and could not look after the boy. I then proposed to take him home for a little while until we saw how M* McGregor got on. She turned quickly, ,ihd said, " There, I told Mr McGregor how, the moment the breath was out of his body, his friends would treat me." Some, further words took place, and Miss Marylf&fl, came to the top of the staira, and said "'You must be tired. I asked her to come down and hear all that was being repeated. Miss Christina Boyd ordered her sister away. I asked Jimmy Barlow if Mr McGregor was conscious, or whether he waa .disturbed, at what was going on. He replied " No ; he doesn't seem to take any notice." More sharp words followed. When my husband was coming in at the gate, Misa Boyd said, "Ah 1 here's Mr McGregor ; he's always treated me as a gentleman should." She accused me of saying she was mad. I replied that she was not mad, but exceedingly unreasonable. I tried to explain, but she would not let me say. a word. I said that as long as she was at the head of Royston Bouse I would not come till Mr McGregor sent for me. I never saw him afterwards, but I went to the house on the 31st March, and saw Barlow, who told me they had got Mr McGregor into the front room. I went upstairs to see my boy, whe was sick. ' I called again the following Monday (3rd April), and gave Misa Mary Boyd some fowls and thinga I brought from Cherry Bank. I said I would like to see Mr McGregor to-day. Miss Mary said I could not- sec him as he had become so excited in consequence of an interview with his solicitor and my husband that two men were holding him down, and he had been so bad that they had sent for Mr Brechin. Miss C. Boyd came in, and walked past me into the hall. Coming back she said I could not see Mr McGregor to-day, and repeated Miss' Mary Eoyd's statement. I said I would like to see him r.s I understood he wished to' see me. She replied "I would not allow you to see him, even if he wished."' She said I could please myself about bringing the' boy back, but she thought I had better not do so. I had previously taken the boy away in a cab as he was ill.' She said she didn't believe he had got fever, but a nervous shock to his system, and that the things he saw and heard .there were not good for him, I never went back to the house, and. never saw deceased after- that'' date. ■ I heard he was very violent; and my own health waa not in a fit state to be excited. The remainder ■of Mrs McGregor's examination was deferred, and the Courb adjourned till the following morning at 10 o'clock. Friday November 2. The trial of the action Daniel McGregor and John McGregor v Christina Boyd was resumed for the. third day this morning, Mr Fitzherbert appearing as before for the plain- * tiffs and Mr Travers for the defendant. Mrs Christina McDonald McGregor's ex-amination-in-chief continued : — Miss Boyd was present when I first saw deceased after his stroke. She complained then that he had not made such provision for her as she would like, and taunted him with it one ininute, and overwhelming him with attention the next. She said she was the only one who had taken care of him and stood by him the whole time. She made similar remarks to me on a subsequent occasion, when he was ill in bed. Deceased did not converse with me after his stroke. I simply asked him how he was. Efe seemed too weak to hold much convereavn. I had to bend down my head to hearwnat he said. Prior to the seizure he used to call me "Mra John," or " Mrs McGregor. " He did not call me by my Christian name after I was married. The day of his seizure he waa trying to converse with me and another lady who was present. He would commence some nonsense to this lady and then stop, burst into tears as if he felt he could not remember the next words. He asked where Christina was, Miss Boyd and I both being present. Miss Boyd took his hand. He Baid, "No, no.'' Then I put my hand forward. He held it for some time and said God had blessed him in his children — they were always with him when he was in trouble. Miss Boyd blamed me and my husband that we had not made deceased do more for her. Cross-examined by Mr Travers : I heard both from my husband and Mr McGregor that the stock at Mangawhero was to be divided. It was not divided till Mr Hair went up. When I saw deceased on the day of the stroke the doctor had just left, and deceased had been brought in a quarter of an hour or twenty minutes. I understood he would go to bed till my husband arrived. Miaa Boyd said she would like John to come to help her to do what was necessary. I did not know then whether Mr Hutchison had been. The lady I spoke of just now was l^ra Carr, of Wellington, who heard all that took place while Misa Boyd was out of the I pom. Mra Carr told me to take no notioe of her, as she was excited and did noli know what she was saying. When J\ beat my head down to listen, X could not understand deceased very well, and what he said' was not intelligible. I asked if I could be of any use, but they told me it required a strong man to manage him. He waa heavy, and had to be lifted. On the Monday after the se'zure I wanted to get away, but Mr Tudor came in to read prayers, and I stopped till he had finished. On the Thursday he was still weak, and I did not ask him many questions. He told me he felt a little better, but he did not seem to understand what I was saying. I did not Bay anything to him which required a reply. The only question which needed a reply he answered by saying he felt a little better. Miss Boyd told me to ask him if he knew me. I did so. He replied, " It's you," and shook my hand. I told Miss Boyd I was not sure he knew me. Deceased motioned Jimmy Bar* low to his side, and told him he was to drive all his geese and turkeys, by fifties, into Major Nixon's place, and to send twelve turkeys to one person, and some geese to another. Miss Boyd and I could not help smiling. She said, "It would make you laugh, the nonsense he goes on with all day." She insisted that Mr MoGiftqor knew me ; but I said he did not, after such a conversation as hft wna canyingon with Jimmy. The quarrel between us took place on this day, directly afterwards. I took my boy away that day, but brought him back afterwards, and ever.tualay removed him home because he woi eiok. During the quarrel I did not ipeak to Miss Boyd as if she was a servant. Dp to

the time of the seizure she enjoyed my confidence and respect, and I liked her very much. She treated my boy well till just before the seizure, when she complained of the trouble he gave her. Miss Boyd did not try that day to keep the boy in the house, and did not appear annoyed at my removing him. Deceased was much attached to the boy. He slept in the room overhead, and I was afraid he could hear our quarrel. Miss . Mary Boyd came donwnstairs and took us into the drawing-room, and told her sister she ought to be ashamed of what she was doing. Miss Mary Boyd may have said to her sister, " If Mra McGregor wishes to take the child, let her do so." Mr Travers questioned the witness as to what she had heard of Miss Boyd's family connections in Scotland and America, and said he did so because Mrs John McGregor had imputed that Miss Boyd was a poorhouse girl. Mr Fitzherbert said that the boot was on the other fojt. Miss Boyd had, ia the pleadings, cast that very imputation upon Mrs John McGregor. Cross-examination continued : — I did not express a hope that Miss Boyd would soon q;o to America to join her relations. I did not insist upon having the piano and music, I understood deceased was calling cut constantly for Robbie, and I sent him back. I never went voluntarily to see deceased or wrote to him after Mi3B Boyd said I was not wanted at Royston House. I never sent any friend to ask deceased to see me, because I was told no one would be admitted. I asked Mr Treadwell to go, and he informed me Mr McGregor had not expressed a wish to see me. I asked Dr Curie if he was in a fit state to be seen, as I would like to see him and remove unpleasant impressions. I told Dr Curie that there would be sorre unpleasant things to be said, if deceased asked me why I had not called before. Dr Curie said he w»s well enough for business, but he was too excitable to have unpleasant things said to him. Dr Curie added that deceased had gone through a second stroke, and had but a third to go through, which would be fatal. Dr Curie said he could not give a letter that deceased was well enough to s«e a solicitor on business, as others had asked him to give the same thing. I said I would sot ask to see deceased, and cause him further annoyance. I understood deceased had made arrangement about his property, but I did not know what they were. I always impressed on him to provide for Miss Boyd while he 1 ad health and strength, and not leave others to do so after he had gone. When deceased was understood to say God had blessed him in hia sentence, he spoke in disconnected word?, and witness had translated them into the sentence given in her evidence. Re-examined — Jimmy Barlow said at the time that dcci aged did not appear to hear the quarrel downstairs. Had Dr Curie allowed me to see deceased the conversation would very likely have been about Miss Boyd. I would have had to speak to deceased about her conduob, aud I might have excited him and caused his death. I spoke to Mr Treadwell before I spoke to Dr Curie. I knew deceased was attended by Mr Tudor as his recognised Minister, but I did not know Mr Tudor, and did not speak to himMr Treadwell was visiting out of friendship, and not is his Minister. James Barlow deposed as follows :— I am a stockman at Hawera. The late Mr McGregor sent me to school and treated me as an adopted son. He had an accident by • falling from his horse, two years before he died, as he was on the road up to Mangawhero. He was a little shaken, and hai a bleeding fit in consequence. Ec never went up to his farm again. He told 'witness that the hor.se shied with him, and there was no suggestion that it was a fit or anything but an ordinary accident. lam now 22 years of age. I had no wages from him, but merely my clothes and pocket money. Many a time he said he would provide for me, but he never did so, though he treated me as his son. . Mr Travcr's said that James Barlow's name never appeared in any testamentary disposition. Mr Fitzherbert thought his name was mentioned in the will of 1874. As a matter of fact Mr John McGregor, junr., was charged with the duty of providing for Barlow. Mr Travers said he was instructed that deceased always expressed an intention of looking after Barlow's advancement. Examination continued — I came down from Mangawhero to- Royston House on the sth February, and found deceased in bed at 3 o'clock in +he afternoon. Miss Boyd mentioned my name to him, and I went up to the bed aud shook h;.nds with him. He asked me how I w as. He was greatly changed in appearance since f last saw him at the end of the previous December. I remained with him continuously till a month before he died. I nursed and looked after him. His mind wandered at different times, and he could not recognise me on all occasions. I very often slept in his room. He frequtntly asked to be taken to his other Royston Houses, and wanted to see Nixon's property, in which he had no interest. We would take him out for a drive, and on returning hemehe would say that wasn't the house he wanted to be taken to. I always drove, and Miss Boyd was always out with him. He wanted us to drive him to places in Scotland. Sometimes he behaved as though he were on board ship,- and tried to make saila out of the blankets. Oa one occasion, when Friend and I carried h'm inside from the front of the house, he was bo bad that -we had to hold him for an hour in his chair. This was about the second or third month aiter his seizure. His behaviour was outrageous, and he wanted to go to Scotland. He had been walking a little in his garden, with my support. He was violent and shouted "police" and "murder," and swore. Before his fit I seldom heard him use bad language. He tried to strike me while we were holding him down. He became exhausted at last and gave in. He wanted to g* out of the garden gate, but I had ordera from Miss Boyd not to allow him to do so. No doctor was sett for when this fit of violence took place. Dr Curie or Dr Sorley was attending him at the time. It was about a week afterwards when a doctor came. Dr Curie used to come every fortnight. Deceased would call out for bis son Jim, and when I came would say I was not the Jim he wanted. As a rule he did not know me after his fit, and his conduct w as more that of an insane than a sane man. I had to dress him all the time I was there, as h". was not strong enough to do it himself. During the day he eat in his easy chair, except when we took him out for a drive. Whilst sitting he would get hold of a coat or a blanket, and behave foolishly with them. Once he tried to dress himself, and got his legs into the sleeve of his coat. His conduct was the same all through. On one occasion he tried to make a pair of trousers out of a blanket. He ca.led for flax, tied the ends of the blanket, and tried to put it on as a pair of trousers. This was in the nighttime. On another occasion be struck me with a stick. Sometimes he should get the newspaper upside down. He could not read after his seizure. I tried him, but he said he could not see .the letters. Before his attack he reid a great deal. He would get up from his chair sometimes aud wander through the rooms, without giving aDV reason. On one occasiou he went iuto * a -bedroom and broke a washbasin and jug. I understood from Miss Boyd that she checked him for something, and then he broke them iv a passion. His food was sop and all prepared for him, and he was never allowed a knife and fork. I believe he could not take any but soft fcod on the first two or three months He had the second fit some time in April, Cr Curie being in Kangitikei. Miss Boyd telegraphed to him, but he did not come till the next Tuesday, which was his regular day. No Wanganui doctor was called in. After his second attack we fed him for a mouth, and then he was able to take soft diet again. It wa3 not safe to let him have the knife and fcrk. At times he would want pistols and tomahawks, because he thought robbers were coming into the house, I remember the dispute between Mrs McGregor and Miss Boyd. Miss Mary Boyd and I were with deceased at the tiu.e and I could hear the raised voices. Dccc 'sed heard them once, and aak^d them wh^t it wa-. We passed it off, and he took no further notice, (,'n several cccasicns I helped deceased into the room, where he hid an in'erview with John McGregor, but I do rot remember what passed between them, I was present at one interview, but

do not know the date. I was in the room when Dauiel McGregor came. Deceased went violently into his seat, and threatened to knock me down with a stick for letting him down so heavily. I remember Mr Hutchison calling about the sth of April. At that time deceased was a little weaker than usual. I remember seeing Mr Hutchison agaia in June. I don't remember particularly how deceased was that day, out he was much about the same as he usually was during the 5 or 6 months I Wiia there. I was never in the room when any documents were signed, or any instructions given for them. Deceased never spoke to me about what he was going to do with his property. Mis 3 Boyd was in the house all the time I was there. Ido not remember any interview between her and John McGregor. Miss Boyd occupied the position of housekeeper to the deceased. She never told me she had a power of attorney to do all his business. I heard of it from other parties some time after his illness. There one servant girl in the house. I was often in the room when visitors came to see deceased, and Miss Boyd was there at different times. She gave me orders I was never to allow anyone to see him without her knowledge. The general practice wj>s to refer all visitors' names to her, before they saw him. He never spoke to her about his affairs in my presence. I left at the beginning of September because I could not agree with Miss Boyd. No one could put up with the way she went on. On one occasion she accused me of stealing carpen ters' tools out of the workshop. I left of my own accord. On one occasion before that we had a dispute and she told me to go, and I went away for a day and came back again. I cannot say whether deceased was aware of my absence. [The witness was being examined when we went to Press.]