PEERESS LOSES £1,000,000

Wanganui Herald, Volume LIII, Issue 160725, 11 August 1920, Page 12

PEERESS LOSES £1,000,000

DEED OP GIFT REVOKED, The deed signed on his deathbed by the late Lord Michelham, under which he settled £20,000 a year (equivalent to a capital sum of £BOO,OOO to £1,000,000) on the wife of the present Lord Michelham, was held in the Chancery Division to be invalid. The allegations were that Lord Michelham was unconscious at the time, and was dying. He knew nothing about the present baron’s proposed marriage, or of the terms of. the marriage settlement he was signing. The pen was put in his hand, and his hand guided in making the signature. The executors disputed the deed, and the action was fought on behalf of any possible children of marriage. Dr. H. T. Thompson, the family doctor, called for the defence, said that the late Lord Michelham was a morose and taciturn man. When spoken to by strangers he would often refuse to reply. Even when spoken to by the baroness he often took no notice unless he felt inclined. In witness’s opinion Lord Michelham’s mental faculties were the same on January 3, 1919, as they had been since September, 1918, though no doubt owing to the fever and pneumonia, he was less inclined to answer questions. WHY THE DEED WAS SIGNED. Describing the signing of the marriage settlement, witness said, "When I reached the house about 10 p.m., I found an animated discussion going on in the diningroom between members of the family, Miss Capel (now the wife of the present peer), and Mr Brandon (Miss Capel’s solicitor). Lady Michelham said she was most anxious for Miss Capel to marry her son, and that Lord Michelham had given his consent. Miss Capel said she was willing to marry if proper settlements were made upon her. “Lady Michelham said that settlements were not necessary, as she would always look after her son and Miss Capel if she became his wife. Finally Lady Michelham. agreed that the settlement should be signed. DOCTOR’S PROTEST. “She then asked me to go up stairs and witness the signing of the deed. I protested, as I thought that in a matter of this importance the family lawyer, Mr Chance, should be present, and that Sir Albert Stern, Lord Michelham’s attorney, should know of the matter. "Lady Michelham said, ‘lt is my wish that you go upstairs and witness the document.’ Lady Michelham, Mr Brandon, Count de Lubersac, and I then went to Lord Miehelham’s room. “Lady Michelham said to his lordship, ‘You gave your consent to the marriage of Herman and Berthe a few days ago. Do you now wish it?’ and he answered, ‘Yes,’ at the same time moving his head in affirmation. Lady Michelham said, ‘Do you wish to sign the settlement?’ and he replied, ‘Yes.’ Lady Michelham then took his hand in hers and put the pen between his fingers. She then put her hand on his and guided it as the signature was made.” MORE DROWSY THAN USUAL. Sergeant Sullivan: What was his condition at that time? Witness: He was in his usual drowsy, semi-conscious condition; perhaps a little more drowsy than usual, though he was able to reply distinctly to Lady Michelham’s questions. Sergeant Sullivan: Did you form the opinion that he knew that he was signing a document dealing with his property? Witness: I consider that he understood that he was consenting to the marriage and signing a settlement, though that he understood all the contents of the deed I am not prepared to swear. Sir John Simon (for the executors): Sir Thomas Horder, who saw the patient the same day, said that he was certainly incapable of understanding what was said to him. Witness: I don’t agree. Sir Thomas was only in the room a short time, whereas I had an opportunity of studying Lord Michelham for a considerable time. ALTERATIONS ON THE DEED. Sir John Simon pointed out to witness that on the settlement deed there were some alterations and additions. including the important addition of a covenant to transfer War Loan stock sufficient to produce an income of £20.000 a year. “Did you initial any of those alterations?” asked counsel. Witness: No; as far as I know there were no alterations at the time I signed the deed. Sir John: Count de Lubersac initialled them. Did Lord Michelham know of them? Witness: As far as I know, no. HOW THE CASE COLLAPSED. “Supposing,” asked Sir John, “that Lord Michelham at this time knew nothing of the proposed marriage or the proposed settlement, would you consider that what passed in the sick room showed his consent?” Witness: On that hypothesis I should say, “No.” Mr Justice Eve; That answer disposes of the case unless the defence can satisfy me that there was evidence of any previous knowledge and approval of the deed on the part of Lord Michelham. Sergeant Sullivan said he had no such evidence. His Lordship said that on the evidence of Sir Thoma% Horder no tribunal could entertain the slightest doubt that Lord Michelham was quite incapable of understanding any business proposals put before him, and that disposed of the case. He therefore declared that the deed was invalid, and ordered its cancellation.