TORN WILL QUESTIONED

Chronicle (Levin), 14 December 1946, Page 5

TORN WILL QUESTIONED

-Press Association

By Telegraph-

WELLINGTON, Dee. 13. The circumstances in whieh Vilhelm Jensen, shortly before his death, tore his will in half, were described before ,the Hon. Mr. Justice Johnston in the ' Bupreme Gourt aetion originated before the Hon. IMr. Justice Fair on Oetober 30, when the Public Trustee, as i>laiutiff, asked for probate in solemn fortn in eonneetion with testator's will and codicil, or letters of administration in the estate, the estimated value of whieh was £(54,750. One of the defendants, Mrs. Ida Alexandra Eton, daughter of testator, said her fatlier had always liked his own way. When he was in hospital lie did not diseuss business affairs. Witness and her mother ealled at the hospi tal on May (3 and testator seemed to be quite sensible. He was reading some letters when they entered. ATrs. Jensen, the witness said, handed the will i to testator, telling him that it had been found among his belongings and asking whether he meant it to be any. good or not. Testator became verv cross and asked why they had brougiit "this old thing" to him. He said: "Don't leave it here, " so witness put the pieces in her purse. Testator had not asked for tlie will to be brought to him. The pen eilled notes on will "out of date, V. Jensen, August 1945, ""WeYe in testator's writing. Witness said she favoured settlAnent among the family rather than in court but the family "was so verv parted" she did not think it could eome to an agreement. Submissions were made by eounsel for plaintiff that the testator was completely devoid of testamentary eajiacity when the documents werp torn. Deeision was reserved.