DISPUTED WILL CASE.

Wanganui Herald, Volume XVII, Issue 5207, 6 November 1883, Page 2

DISPUTED WILL CASE.

SETTLEMENT OF THE SUIT. Examination of db carle continued. Mr Fitzherbert proposed to read over to the witness certain parts of the evidence as to deceased's conduct during hia illness, with the view to show that the actions were just what would be expected from a person seized with appoplexy. His Honor thought it unnecessary for Mr Fitzherbert to do so. Examination continued — I did afterwards attend him for two days immediately before his decease, and he was then suffering from cerebral hemmorrahage, and in extremis. He was unconscious. Cross-examined by Mr Travera — Miss Boyd attended to him nicely, carefully, and kindly. I don't think I ever suggested ,to her that Mr McGregor ought to make his will. I think he had a very good chance of improving and recovering his faculties, and I would not have been surprised to hear afterwards of his doing rational acts. I read the newspaper account of Mr Hutchison's evidence. (Mr Travers then read the report to the witness.) I am not surprised at the statements in that evidence, though I think deceased must have recovered very rapidly. If he did so recover, he was quite capable of writing as stated by Mr Hutchison. By His Honor — When I left attending him there was no physical incapacity to sign, but I do not think he could concentrate his mental faculties sufficiently to attend to business. Cross-examination continued — If a man signed the cheques produced (28th March and subsequently) without anyone guiding his hand, they are the signatures of a man who probably understood what he was doing. I remember while attending him, his talking about several Eoyßton Houses ; but if he talked to Mr Hutchison about the wool money, he must have greatly improved since I saw him. Assuming a gradual improvement in his condition", I am not surprised at his capacity to sign the codicil as described by Mr Hutchison. Re-examined — Very often in the complaint in question weakness, of mind accompanys weakness of body. In other words, he would have high days and dull days. I should say from the signature to the will of the 27th April that he was not then so well as when he signed some of the cheque?. The signature to the conveyance of the 10th June is certainly better writing than the other, I don't know whether there was any recovery in him after I left. It is perfectly possible he may have remained in a semichildish state till I saw him just before his death. I told Miss Boyd that he was in very great danger before I left on the 25th, but we did not discuss his . mental condition, which was very obvious. , If he was told to take his meals or go to, bed, he would understand what he was to do without being able to originate an idea in 'the lucid and clear way necessary for a man who wished to conduct business. By Mr Travera — I never suspected that deceased was suffering from cancer of the ilium. He might have been. I remember once when attending him in March,' 1881, for nose-bleeding. Once or twice during my absence my late partner went in my place, and I remember some whether morphia should be injected. Mr late partner had suggested the injection of ergotine into the arm, and Miss Boyd having a great objection to the use of morphia, opposed the use of ergotine, which she thought was morphia, under another name. By Mr fitzherbert— There wag never any attempt on my part to infect morphia. By His Honor — Cancer of the ilium, except by producing cxc saive pa ; n, would not effect the mind. Dr Sorley, senr., said— l attended the late Mr McGregor, of Royston House, from 1 the 29th of February to the 7th of March. I found him very much depressed and a little deranged in his mind, or a little unmanageable. Miss Boyd was always present when I attended. I was first sent for, someone in a trap bringing the message. He was suffering from the effects of an apoplectic attack. Miaa Boyd seemed to occupy the position of a relative and a nurse more than anything else. During the time I attended him he was incompetent to transact important matters of business. I do not think that when I left him on the 7th of "March he was likely to recover in a short time sufficiently to transact ~Bu3E! J ftjfjufneßq. I did not think he was likely .to recover his mental vigor','.orrecover at all, > If did not surprise me that he lived till the Ist October. I ceased' to attend him on the 7th March, because Miss Boyd lifted up a prescription I had given, and raised some objection to what was in it. She fancied there was morphia in it. Ido not exactly remember what was in the prescription, but I have sent to the druggists and find no morphia was in any of my prescriptions. I told Mis 3 Boyd the prescription was such as was given by the most eminent physicians. Upon this, Mr McGregor got up, said " Leave the house ; tell me what I owe you, and I'll pay you. " I eaid there was no occasion for such speed, and that the account would be sent in. Miss Boycl told him to be patient, and it would come by and by. She then asked me if I would call again. I told her I j would not, unless I was sent for. I never attended him again. Feebleness of body and feebleness of mind together, as he rallies or gets more prostrate, go together sometimes in cases of apoplexy, but there are occasions when they are separate. In this case ib is likely they went together. I did not observe that he was better some days than others when I was attending him. The way in which I was dismissed proved that he was not right in hia mind. I did not enquire much into the state of his mind, but took it for granted he was deranged,considerably,and unfit for business. It was his general health I was attending to. A second apopleptic fit would make the symptoms worse physically and mentally, and a third is usually fatal* I saw him between the first and second. * Cross-examined by Mr Travers : — There was an idea I was using morphia, and that was the cause of the dispute, though nothing was said about it at the time. Miss Boyd objected to the use of morphia. Jf I had considered it the correct thing to give, and his health depended on it, 1 would have quite disregarded either Miss Boyd's objections or the deceased's own. I am satisfied there was no morphia in anything I gave him. I think the old gentleman acted upon an insane impulse in dismissing me. I am not surprised at a person recovering the use of his mind. I have known persons do so after 12 months' illness from apoplexy. 1 am surprised that deceased ever recovered the use of his mind, after the symptoms he had exhibited. I don't think it probable he could recover in two months. I would certainly have given him twelve. I see nothing particularly different in the signatures to the cheques anterior and posterior to my leaving him, One ? et is as good as the other. Assuming he wrote them without assistance, I would not infer from his writing anything as to his state of mind. I read the report of Mr Hutchison's evidence in the newspapers. [Evidence read by Mr Travera]. I am surprised at his understanding his former will when it was read over to him, and at what took place when he signed the codicil. I do net think he was in a sufficiently strong state of mind to know what he was doin.p. Ido not think he could have done it even under suggestion or direction. I won't say I don't believe it, but I doubt it (laughter). It was not impossible deceased might have recovered the tone of his mind, time being given. I never saw him from the 7ih March till the Ist October when he died. I say that in that interval of 7 months he could not have recovered sufficiently to transact business of importance I have sworn that he did not recover during that lime, and that the defendant appeared to exercise influence over aU his actions. I was only there a few minutes at a, time. What I saw was only the ascendancy of a nurse, and no other. It was not in all his actions, and I ought not to have sworn it was. (Laughter). Re-examined — What I meant to say was that she exercised ascendancy in such actions as came before me. S. T. Fitzherberfc stated— Just after the funeral I received instruc'ions from the plaintiff, John McGregor, and waited on Mr Hutchi-on, who was then Miss Boyd's policitor, and requested information on behalf of the friends of the late Mr McGregor as to the disposition of his property. I forgot the exact answer I received. I called on two or three occasions shortly afterwards with the same object. I did not

receive any information at any of those * times, except that I understood Miss Boyd did not claim under a will. Mr Hutchison requested me to write to him formally, which I did on 21st Oct., 1882. Prior to this I obtained a copy of the deed, relating to the reality, of the 10th June from the Registry at Wellington. Meantime I had put myself into communication with A. J. McGregor and Daniel McGregor, half-brothers of de« ceased, and also, through her solicitor, Mr Cooke, with the .widow, Isabella McGregor, (Letter of 21st October read. It asked for the required information about the dispo* aition of the property i Further .correspondence, was also read, including a letter from Mr Hutohison,. declining to give any inform" ation to Messrs Dan McGregor aud^'.j- J, McGregor.) Letters. of administration were taken out by plaintiff, Dan McGregor, and I produced them Eo.Mr Hutchison, and asked' for information as to the personal property. He declined to give it at first, saying there was nothing to administer. Finally he allowed. - me to take a copy of the draft deed of the 10th June.and this was the first the plaintiffs ever knew about it. I tried to get some further information, but he said ( his in- ' i structions from Miss Boyd were to give, me nothing. These proceedings were then instituted. The existence of the will was never known to me till September last, when' Mr King informed me he had been notified of it by letter. The will was never set up in; the original pleadings. I heard from Mr Brechin that there had been testamentary dispositions, and that they had been destroyed. Certain documents mentioned during the proceedings were formally put in "evidence, and this closed the plaintiff's case, subject to the production of rebutting evidence, if necessary. Mr Travers intimated that he proposed not to formally address, the 1 Court in argument upon the case, but to content ;himself with calling the evidence. It would facilitate matters and tend to shorten the case if he had an opportunity of looking into .the evidence subpeeaad before calling it.- Not only would it shorten the case/ but an adjournment might be desirable for another reason. Mr Fitzherbert agreed in this view. The Court adjourned till 10 o'clock on the following morning. Tuesday, November 6. , . The will case, McGregor r. Boyd, which I has occupied now some six dajs at the Supreme Court, and will certainly be regarded as the most memorable, paihaps, ever heard in Wanganui, came to a conclusion this morning, when it was announced that both parties had agreed to this course. .On the Court opening, Mr Fitzherljert stated that he wished to inform the Court, as counsel for the' plaintiff, that the parties to the suit had agreed to ita discontinuance. Mr Travers corroborated the statement, provided the money paid over to the receiver should be handed over to Mr John McGregor, of Cherry Bank. He wished an order made to that effect, subject to the paymentof the receiver to a certain percentage. He therefore asked that an order be drawn-np by the Court that the money be handed over to the Receiver. , • t Mr Fitzherbert stated that the agreement between the parties was that each one should pay his own cost?, which bad been agreed to by mutual consent. He requested, there*, fore, that an order should be made by His Honor, addressed to the Receiver- (Mr Edward Churton), who was appointed to the position by* the order of the Court," as he apprehended that he could pay no moneys, away without an order f/om the Court directing him to pay over all the amounts remaining in his bands, to the- plaintiff, Mr John McGregor. He apprehended that it was usual in cases of thi3 kind that'- the remuneration. of the receiver should be fixed, but he presumed it will be a percentage on the amount of moneys which are placed in his hands. ' ' ' His Honor pointed out that the receiver should be present. .__ . Mr fitzherbert suggested that Mr Churton would be entitled to receive out of ? the funds placed in his hands such a sum as would be fixed by the Court. Mr Travers remarked that he thought ii? should be a percentage— five per cent say. His Honor again pointed out that he ought to be present. .Mr Fitzherbert enquired what time His Honor would be leaving town to which he replied that it would be this afternoon, and after some discussion it was agreed that Mr Edward Churtod should be -procured, and all birder drawn up as required to be applied' for before His Honor in Chambers at half- past three, providing for the handing over of all moneya to Mr McGregor, the plaintiff immediately j each party tc pay the costs of the suit. Mr Fitzherbert stated that this was the position of atiairs, and it had been arranged that the case would be discontinued, and he suggested that an order of discontinuance should be made. This course was also agreed -to in the case Boyd v McGregor, a crosa action, arising out of this suit, which would be discontinued also by the consent of both parties. Hia Honor remarked that it would necessary to draw up an order in' this case also, and the proceedings terminated. TERMS OF SETTLEMENT. Considerable dissatisfaction was expressed by the large crowd in Court at no inkling being given of the terms of settlement, and various rumours as ; to the real state of affairs were floating about. We havemade enquiries, and believe the following to be the correct agreement : — Mr Jno. McGregor, of Cherry Bank, gets all the estate, which is to be nominally sold to him by Miss Boyd for a sum of £2000,- and that lady retains possession of Eoyston House. The property of Mangawhero is subject to a mortgage of £3000, which had been effected just about an hour before the letters of administration were taken out, and as the property ia to/be taken subject to this encumbrance (whichis the only one upon it), she practically receives £5000, with a considerable sum obtained from the sale of cattle at Mangawhero, estimated at about £700, with Royston House. Mr John 1 McGregor also gets the whole of the money in the hands ot the receiver. Mr Daniel McGregor receives £1500; «nd we understand Mr John McGregor, his brother, and. half brother to the late Mr John McGregor, receives the whole of the town properties (sections on the Quay, &c.) aud an interest in the Island property at Maungawhero. Mrs John McGregor (wife of the late Mr McGregor) will have her allowance increased by £1 per week, and we are informed Mr Barlow will be provided for by Mr John McGregor, of Cherry Bank.