PROBATE OF WILL.

Press, Volume LXVI, Issue 20091, 21 November 1930, Page 7

PROBATE OF WILL.

CAVEAT LODGED. SIR GEORGE HUNTER'S ESTATE. (PSBS9 ASSOCIATION TELEGBAM.) WELLINGTON, November 20. The hearing was continued in the Supreme Court to-day of the case in which two executors of the will of the late Sir George Hunter —C.vril Paul Hunter, sheep farmer, of Akitio, and Ihomas Percy Hunter, sheep farmer, of Porangahau —asked the Court to decree probate of the will and the codicils to the executors named in solemn form. Lady Hunter, widow of Sir George, and her seven-year-old child, Elizabeth Hunter, aro named as the defendants. Mr Justice Reed was on the Bench. Air A Gray, K.C., with Mr \V. N. Matthews, appeared for the plaintiffs, i •• Watson, with Air H. J. V. James, for Lady Hunter, and Mr \V. I crry for lilizabeth Hunter. According to the statement of claim, the plaintiffs and Lady Hunter were named a.-; the three executors of the will oj .Sir George, who died at Wellington on August 20th. It was claimed tlmt, the Court had been moved on bebali of the plaintiffs and Lady Hunter tor grant of probate of the will and codicils, but that Lad.v Hunter subsequently Iqdgod a caveat against the granting of probate. Testator's Condition. Alexander Dunn, barrister and solicitor, ot Wellington, was further crossexamined by Mr Watson. He said that the reading of the will to Sir George Hunter and the subsequent explanations of the various clauses might have taken twenty minutes or half an Itour. W as he very tired before you started to read this document?—No, I didn't understand that he was particularly tired. \\ as ho propped up in bed on pillows?—He was propped up in bed. With cold water packs on the body to reduce pressure and temperature?— 1 didn't notice that. It may have been so. Do you think this man, aged sevonty-two, four teen days after an apoplectic stroke, was capable of following your reading of tlie will?-—Of course, I don't kno ■> how he was applying himself whil .'as reading it, but if he hatl taken trouble ho was perfectly capable oi understanding the U hr>lo thine Do you think he did fullv understand what you were reading?—l do. \\ itness said that all the important clauses of tho will down to the machinery clauses were read to Sir George Hunter. Mr Watson- So three pages of tho will were never read to him at all. \\ itness said testator demurred. He informed him that the remaining clauses were the same as in the previous will. Daughter's Share. Mr Watson: In the 1924 will, Betty got a much larger residtio than under >our second will. She £ot everything in the estate by way of residue?— She would get a larger residue because the legacies were less and the £IO,OOO legacy to the step-children is not in it. To Mr Perry witness said that under the 1021 will, Betty would be living entirely on her mother's bounty, except in the ease of her mother's death or re-marriago, hut ultimately would obtain the income from tho whole ot the residue of the estate after payment of annuities. There was no provision in tie next will of October 12th, I'J2O, for the maintenance and advantages of the child, but in the will of Novemljcr and the codicils, one of the bequests to the child was the Dixon street property when she reached 21. To a further question of Mr Perry's, witness said it was estimated that the death duties would be £40,000, af-suming the value of the estate to be £l7/5.000 That would leave £135,000. His Honour: Which will do you say suits you host, Mr Perry? Mr Perry . I am trying to ascertain, f am on the horns of a dilemma between the two wills. Value of Estate. Witness, in response to a request by Mr I'erry, produced a statement showing the estimated value of the estate, approximately £198,028. That was a rough estimate of the value of tho estate, which had been sworn for probate purposes at approximately £175,000. Witness later stated that as yet he hud been unablo to investigate loans made by Sir George Hunter to politicians, and his constituents. They were numerous, but tho question was how much they were worth. Mr Perry: Do you mean the politicians or the constituents?

Witness: Both. (Laughter.) The loans must run int6 £12,000 or £15,000. Sir George was verv liberal. Ilis Honour asked Vvitncss if at the moeting of tlio three trustees held after Sir George Hunter's death, Lady Hunter had ever protested at never having been consulted concerning two of the codicils to the will. Witness: She said that, if 1 had sent the will up to Eotorua when I was asked to, a number of defects she then professed to bo finding would have been remedied. She did not contend that Sir Georgo was not in full possession of his faculties. Mr Watson cross-examined witness on a letter ho had written to Cyril j Hunter stating that he had found a suitable opportunity to mention to Sir George the matter of a legacy of £SOOO whicih apparently had been promised hini as a wedding gift some fifteen years earlier. Witness said he would not have mentioned the matter at all had Sir George not asked him if anything had been left out of the will. Mentally Alert. Dr. S. H. Hay, of Kotorua, said he had seen Sir Georgo Hunter at Rotorua in May last some time after Sir George had had a stroke. Witness had had no difficulty in understanding Sir George, who had answered questions clearly and readily. Later witness had frequently conversed with Sir George, who had always spoken intelligently. Witness never saw anv signs of failing mentality. George Urquhart, solicitor, Kotorua, said he had been called in on May 12th last to attest the signature of Sir George Hunter in connexion with a land transfer. He was sure ho understood the dealing. Witness attested his signature on further documents and on each occasion Sir George was perfectly rational. Hugh McLean Campbell, sheepfcrmer, Hawke's .Bay, said he had known Sir George intimately for at l»ast 30 years. Witness went to see him soon after he had suffered a stroke and formed the impression that apart from some paleness, Sir George looked fairly well. Mentally Sir Georgo had appeared to be quite the same as usual. The main topics or d:scussion were politics and farming. Witness did not remember his attending any party conferences during that period Other Evidence. James McNutt, sheepfariner, HawUo's Bay, said he had known 1I " George Hunter all his life. He visited him in February last with the idea or purchasing part of the Porangahaii (station. Sir George had discussed 1 the pi oposed transaction quite clearly

and in witness's opinion his mental condition was as good as ever. I sin Wallace Nicol Mackie, solicitor, Waipukurau, detailed an interview lie, in company witli other people, had with Sir Gecrge in February concerning' land transactions. Sir George was perfectly clear in conversation. Charles H. Patterson, 6heepfarmer, Waipawa, said he had seen Sir George niter the counties conference in July last, when he had discussed various questions. Sir George had spoken as intelligently as usual and .witness had observed no change in him. Similar evidence was given by Harry Parsons, farmer, Hawke's Bay, concerning land purchase transactions. To Mr Watson witness said that both the jirice and terms had been given to Mr Dunn before Sir George had been seen. All that Sir George had had to do was to say "Yes," or "Xo" to the proposals. William George Nightingale, journalist, and secretary of the Waipukurau Jockey Club, said he had known Sir George Hunter for 30 years. Witness had seen him in January and had discussed various topics, principally racing at Waipukurau. He had appeared quite rational. Witness had also seen Sir George in March and July, when racing matters had again been discussed. Who did most of the talking?—l did. When I took a rest, he asked me questions. William Duncan Fleming, sheep-farm-er, Waipukurau, and Frederick Leo Selby, stock buyer, Dannevirke, also gave similar evidence. Answering Mr Gray the latter said Sir George had told him he intended to give substantial wedding gifts to "The boys," who, witness said, were Cyril and Paul Hunter. This conversation took place about .17 years ago. George Mackenzie, wool-classer, Wellington, detailed three interviews ho had had with Sir George, stating that he had formed the impression that Sir George was in no way failing. The Court adjourned until to-morrow.