CHINAMAN'S TWO WILLS

Chronicle (Levin), 23 August 1949, Page 6

CHINAMAN'S TWO WILLS

Press Association)

• • T1 . • • Court Asked To Decide Which Is Genuine

(Per

AUCKLAND, August 22. The right to the estate vaiued at about £1000, of a Chinese pensioner, Charlie Wong Chuck, vfho died in the Auckland Hospital on July 7, 1948, was disputed in the Supreme Court before Mr Justice Einlay. A nephew of deceased, Wong Ah Toy (Mr T. Henry) asked the Court to deciare. valid a will written in Chinese and dated June 4. This will appointed piaintilf as administra-. tor of the estate. A driver- until reeently empioyed for 20 years by the Auckland City Missionj Joseph Manning (Mr A. K. North, K.C. apd Mr M. A. Brook) asked the CouH to deciare valid a will written in Eng lish and signed by deeeased on June 1, 1948. This will instructed the estate to be divided among plaintiff and three other Europeans who had befriended deeeased. Wong Yook, market gardener, said lie had known deeeased for over 20 years. Aceompanied by another man he hau visited deeeased in his roorn and witnessed % will written in Chinese. Cross-examined by Mr North, witness said he had known deeeased 's nephew ior about 20 years. Witness did not teh plaintiff what was in deeeased 's will ne had witnessed, until about two or three months after deeeased 's death, witness denied having written- the will himself. Wong Ah Toy said he came to New Zealand in 19^0 after his father dieu in Cliina. His father was a brother to deeeased. Witness 's passage money amj oond in New. Zealand were paid by deeeased. He had always been on good terms with his uncle. Mr G. B. Sinclair, solicitor, said he received a will written in English, on Liie afternoon of the day deeeased died. in company with piaintilf and the solicitor for defendant, he later made a iearch of deeeased ;s room when plam tilf found an envelope on which wv.s Chinese writing. Piaintilf said it was addressed to himself and opened it. rt eontained a will written in Chinese. It was uaied three days atter the will written in English. Eor the delendant, Mr North said it vas not necessary to prove forgery of vhe will written m Chinese. Where tnc; e rere suspiciouse circumstances relating o a will, as in the case of the w.u •laimed by piaintilf as being genuine, „ne onus \ras on those propoundmg it io .atisiy the Court that it was tne .last ,iil of the testator. He ciaimed that ne will u ritten in Chinese showed a legree of construetion which couid not ie credited to a man ag'ed 74 and in ii) uealth. . » In evidence defendant said he had tnown deeeased for live or six year.-. eiOie his deaLii. When deeeased had 'Uggested making a will, witness tohi lim he should go to the Public Trustee. iowever, later witness, at deeeased s equest, wrote out a will which gave .vitness a sliare in'it and appointeu uim executor. After --having it witnessed it was locked in the safe of 'the Aqcdu^p^, -.ity Mission. The heariug was adjoumed.