DISPUTED WILL CASE.

Wanganui Herald, Volume XVII, Issue 5206, 5 November 1883, Page 3

DISPUTED WILL CASE.

Monday, November 5.

The trial of the action McGregor v. Boyd was resumed, for the fifth day, at the Supreme Court, this morning, before His Honor the Chief Justice. The following further evidence was csllpd on behalf of the plaintiffs :—: — Thomas Price, cabinetmaker, aaid : I knew the late Mr John McGregor, of Royston House. I recollect going to his house on the Bth of April, 1882, to put up some blinds. I saw Mr McGregor sitting at an open baywindow in the front. He called me as I was coming out and shook hands. He began talking about what I could not understand for five minutes, in a very disconnected manuer. I knew him before his illness. Miss Boyd came in the room, and listened for a minute or two to what he was saying, and then said to me, " You can go on ; he thinks you are James," I went away then. I did not; take the slightest notice of his conversation, which was childish. I kuow him from 1876, and hia spoech was quite contrary to what he used to be. He could scarcaly pronounce his words, and seemed to be in his second childhood. Cross-examined by Mr Travers : I mentioned what I had seen when I got back to to the shop. I first spoke to Mr McGregor about it on Saturday last. Deceased's conversation appeared to be directed to some one else. Had Jim been there he might have understood it. I remained five minutes with him, because he had hold of my hand, and I did not wish to offend him by going. Gilbert King, manager of the Bank of New South Wales, .stated : I knew the late John McGregor, of Royston House, who was a customer of the Bank. I used to see him frequently, particularly in 1881, when I saw him once a week. He used to take t>y advice on business matters. I recollect seeing him, after his stroke, on the 23rd and 24th of February, 2nd and 20th of March. I think the 20th was the last day I saw him On these occasions I saw him in a vehicle opposite the bank door, accompanied by Miss Boyd. I noticed a great change for the worse, physically and mentally, from his couditioD prior to the stroke. I produce cheques signed by him on the four days mentioned. He made his mark to them. That on the 23rd is witnessed by F. M. Spurdle, and the others are witnessed by myself. He got away a tin box on one occasion, wbioh contained a power of attorney. I think it was in February. The box was handed to Mis 9 Boyd, in the trap, with deceased, and waß returned the same night or the next morning. I recollect a power of attorney in favor of Miss Boyd being brought to me. Mr Brechin had mentioned before this that deceased was about making a power of attorney, to enable Miss Boyd to operate on the Bank account, and obviate the necessity of deceased making his mark. The power is dated the 28th April. From the time of its production to me by Mr Brechin, Miss Boyd also operated on de ceased's banking account. She drew all the cheques. I have no recollection of seeing deceased alive after the 20th of March, though I may have seen him in the street without holding any communication with him. I never called at his house after the 20th March. I spoke to Misa Boyd about seeing him — I think it was not very long after his illness, and after March— but she said it was not convenient, and she would write me a note when he could be seen. She did not do so, and I spoke to her again afterwards, and she said the doctor did not allow him to be seen on business, I said I did not wish to see him on businesp, but as a friend, and that he must be surprised I had not called upon him. I could see from her manner that she did not wish I should see him, and I did not press the matter, though I knew her statement .was an evasion, and that business matters had been gone into with him. I did not see him. The signature to the will of the 27th April (produced) is not in his usual handwriting, and does not bear the usual characteristics of h s signature. I would not pay a .cheque upon it. The signature to the power of attorney of the Bth is a bad signature, but bears the general characteristics of his handwriting, though- the letters are badly formed, Looking at the assignment of the 10th June 1 say his signature is a better one than the power of attorney. The letters are firmer and better formed, though there are pointa of dissimilarity between that signature and the one formerly. The signature to the deed of conveyance is not at all like his signature. During the six years I have been in Wanganui he often consulted me on business affairs. He informed me before his illness that the family of John McGregor, of Cherry Bank, would receive the principal part of his property and would be his heirs. After his illness he never said anything ta me about any change in the disposition oi his property. He never mentioned to me that he had made the will of the 27th April, 1882. I remember Mr Brecbin saying that a will had been made appointing me an executor, but I never saw it, and understood it had been destroyed. The first intimation I had of its existence was 3 months ago in a letter from Traver and Cave. Deceased's mental conditions after the 7th of February was very silly and childish, and he seemed to have little apprehension of what was going on about him. (It was here arranged that Mr King should furnish copies of the Bank accounts of deceased up to the 13th June, and of Miss Boyd's from that date.) On the 13th June deceased's banking account was transferred into Miss Boyd's name, and she paid all monies into it. Cross-examined by Mr Travers — I honored the six cheques produced, betw. en the 28th March and 25th April. They purport to bear the personal signature of Mr McGregor. The body of the cheques is all written by Mr Brechin, and the signatures are Mr McGregor's. The signature on the cheques of the 2Sth is a good one. That of the sth April is a bad one, and I should object to pay it unless I knew the person producing the cheque. The signature to two other cheques of that date, in favor of Wakefield and Hogg and Dr Sorley, are in firm haudwritiug aDd properly signed. The cheques of 24th April and 25th April I would not have paid, the signatures being very bad, if they had not been witnessed by Mr Brechin the person who brought them. I produce 5 cheques of January and one of Ist of February, drawn before his illness. Notwithstanding the Bignatui c to the power being bad, I actfd upon it, because Mr Brechiu told me he saw deceased sign it, and that he understood what he was doing. I would not have hesitated to cash the cheques drawn in January, though I was away in Melbourne at the time. The signatures are fair ones. In November 1881 deceased paid some £5000 into the bank. Prior to that I had allowed him to overdraw to the extent of £4000, upon security. I considered him quite competent to transact business up to November or December 1881, when I noticed his mental faculties failing. During his illness I sent him a book containing an account of Rob Roy McGregor, but it was returned tome by Mr Brechin who said deceased was not fit to understand it. It was a simple little book, and I thought he could read it, when I sent it. My impression is that Miss Boyd explained the matter and got the box. I made an affidavit that the allegations in the statement of claim filed herein, with one exception, were true. It was in pursuance of oral instructions from Mr McGregor that I banded over the box, after his illness, when he came in his carriage; I gave the box to Miss Boyd by his verbal instructions. The oral instructions were given in February and not in April, as stated in the claim. The box was returned in February, and ' given up again to Miss Boyd on the 3rd June ' after the execution of the power ot attorney. I have sworn in my affidavit that the box was given to Miss Boyd in deceased's presence at her suggestion. I was satisfied that that was true at the time. I have swoin that from December 79, when he had thefall from bis horse, he never recovered, and was childish and imbecile, and unable to manage himself or his affairs, but 1 could nop have apprehended when I made the affidavit that I was swearing to a belief in the whole statement of claim. When deceased called at the Bank I had a' slight communication with him. He seemed to understand what he was doing when he put his mark to the cheques. I was not aware that my athdavit certified to the correctness of all the statements in the claim, which relate to the deceased's life so far back as 1843. [Mr Travers said that Mr King made the affidavit in support of the plaintifiV application for an injunction, statements by such a gentleman carried

weight.] I never made any objection to act as executor to the will of April, and was not surprised to hear it had been made. I heard, most likely from Mr Brechin, that it had been destroyed. He was backwards and forwards to the bank nearly every day, and up to the power of attorney, he seemed to be acting as deceased's agent. He spoke some days of deceased being very bad or being better ; but he never led me to understand that he was capable of doing business. I was surprised at his signing the power of attorney, but Mr Brechin assured ma deceased knew Avhat he was doing. I had full confidence in everything Mr Brechin said, ani, except from what I have heard from others, have no reason now to doubt Mr IJrechin's assurances. Mr Fi'zherbert pointed out that Mr King's affidavit supporting the statement of claim, made a distinction between the deponent's personal knowledge and his general belief. Re-cross-examined : The Cherry Bank papers were kept distinct from the other deeds, and on the Bth, when Miss Boyd came for them all, I rather objected to give up the former, but she said that Mr Hutchison wanted them to make a list, and they wou'd be returned. Barlow drove deceased, and was in a position to hear what took place when the box was handed over. F. M. Spurdle, contractor, stated — I knew the late Mr John McGiegor of Royston House. I remember, after his illness, attesting his signature to the cheque of the 23rd February, produced. I was passing the Bank of New South Wales, and deceased and Miss Boyd were in a trap by the road. I went up to speak t-» deceased, and Mr King come out of the Bank c r.d asked me to witness deceased's signature to the cheque. He made his mark. Deceased appeared to be very I weak, and made no reply to my remark that I was glad to see him out again. 'He made some rambling remarks about his going to get married again. His manner was very I strange, and 1 attributed it to weakness on arcount of his illness I knew him very well before his illness, and his manner had greatly changed. He appeared to take no notice of the business in hand, and paid little attention either to signing the cheque or to the remarks I made. Miss Boyd was there. Cross-examined by Mr Travers :— I don't remember whether he shook hands with me. He used to joke before hia illness about taking another wife. Dr Earle deposed as follows : — I kuew the late Mr John McGregor of Royston House very well. I attended him after the fall from his horse on the 20th December, 1879. He was always subject to nose bleeding, and after the fall it became more violent, but I am not in a position to say it was caused by the fall. I attended him on the 7th February, when he had the stroke. I was the first doctor called in. I found him suffering from the usual symptoms of apoplexy, I attended him until the 25th of February, and during that time for the first few days he was very nearly totally unconscious, but after a day or toro he became semi-conscious. He would answer questions sometimes naturally, and sometimes not. He generally knew me, but after being in the room a short time, he would wander and appear as if he had forgotten me, till he was roused. He improved a great deal between the 7th and 25th, inasmuch as he was led downstairs, and when I last saw him appeared to recognise me fully, although he was irrational in his general statements. He would begin on somethiug and wander off to something else. I consider his mental condition would not allow him to transact matters of important business. I saw Mis 3 Boyd there oa all occasions. She was always present in the room. Apoplexy has an effect on the mental capacity of the patient. At the time of the attack patients suffer from cdma aud insensibility to feel, aud drowsiness. Some never recover their mental capacity. It is a common occurrence that this disease causes feofteniag of the brain, and enfeebles the mind as a rule. It naturally would make a person more amenable to outside influence. When I left Mr McGregor I considered him still iucapacitated from attending to business of any kind. I consider he could not sufficiently concentrate his thoughts. 1 left because I heard another medical man had been called j in without my knowledge. j [The witness was still being examined when we \i ent to presr.]