A CURIOUS WILL CASE.

Dominion, Volume 4, Issue 1004, 20 December 1910, Page 6

A CURIOUS WILL CASE.

XL.;. ,- " THE HILL THOUSANDS. / WAS HE FIT TO MAKE A WILL? STRANGE SUGGESTIONS.

.claim for. revocation of probate oj [?;C'.v-ithe : 'wiil.of the'late Herbert Hill, of Wpl--lington, drain-pipe manufacturer, who August,-1909, worth about £14,000, ri-;.'." \W&agaiji before Mr. Justice Cooper in i ' . the'SupremeCourt for several hours yes- ; -;• {.VyV'/Vvphe plaintiffs.;,are' foiir of the . sons of jj:;V ; the-, testator, namely: George Hill, drainpjw _ jpipe' Samuel Hill, settler, ..I Herbert Hill, snttloiv and Thomas Hill,jsettier,:' aU : ; of ■ '.Wellington, and the .de-, of Wellington, iss; the-executor named in . the jS&'r?] disputed"will;, and has bfieri, administering 'the, estate, in -that - capacity. Tho _ plain--.'tiffs claimed that the..-deceased dia not

...■'■KWafc-tbe. tiino of.'tho execution, of the.docu-' ' V;-? ."merit know and approve of its. contents, i-.-i.-;'' '-'and that he-was riot!then of sound mjn'd, understanding. They sought -to' prove, that-the execution of the docu('Vii'V, 'iaent' was obtained '.by: tho"; undue influence of 'the. relatives- of' the residing iV : i;' ; V;:!jwitli". .liini:; at the tiinei ' mid " they asked Coui-t to revoke probate, declare' that I* 1 ??,- .-V.-V the'deceased'had died. Intestate, Sin'd grant of the estate to plaintiffs L'or ' such. other persons as to the Court defendant,' in his ""defence, --denied vthe above . -allegations. .. , i' SMr. A.-Dunn appeared-for- the. plaintiffs, .; r ;andi Mr'.'.'M.' Myere -for tho 'defendant.' ~. fe's? ov It Was"arranged"-on Saturday that the .defence" should' lie taken.; first, notwiththat the. oii'iisfof. proof ..must rest t ' ' Reading the Will ; <- dpfendant»_- Os— ; wi\ld Beeife/was'continued yesterday.' He f ; '^ ; (Ai3 :that .after..'.decedSd'.signed, the '.will t ? ?•'" V'ho'''(wi tijbss),. put;. it: i nto an - envelope and '.'to Jiim", Saskingr; him, to: read-'it at.;his.leisurei, and'.telling 1 him that jnyyaltefalions .he-.desired; could be . jnade.;.'lt "was sent back; to witne9s'with- '■ out:.; comment; at a later, date, and was p, i-,!X iept by.'h'imii;• Witness/did' not. see . the . -again until. 'May 11;-* when he t;?:.! a .very bad condition. 'H'e .was in |.%'-Vvv.;i bed;-.and- had 'evidently been drinking "very "heavily. -It was-;impossible : to do ' . business "with him then,- so witness went y^-away.;;-, : Witness-, bad '" never- before . seen' tliipworse for liqu'6'r) but had 'been told. by. of/'-the family that she v-v:'y\eometimes had-.'drinking bouts.' He 'did -''Vnot;. sco." deceased before" his "death." the funeral he (witne'ss). sent ,'word '. j:';."--., fhat 'he., w'onld.''attend ,at the '-'residence'"at i ~,-. a:certain,date in August.to read,the,will., ? '/,-. : :;V-HeVdid".5o,'tind explained" the will. Mr; 1 ,;--',;-. .Liike,. ,a relation of the; Hills, was V':-:' .'present^" and witness asked if they would fs£:'V' B%;liim -to ' relinquish'.the'trust, in: favour 1 of ;the Public-Trustee. He suggested ji'f " that they -should consider tho question, and talk- it over with Mr. Luke. " ti', i ;. Ons.of the Sons, Makes a Claim. 1 A few ■ days later witness -, received-;; iv letter from 'Mr.-'MiGrath',"solicitor, acting 1 i-.vv ty for Samuel Hill,- one-of-tho plaintiffs, who, XaSjnolj.'l'eft, anything under, tho .wiU.','The solicitor instated-in letter:-..that'l'his had been ; away'from home vfor j'''-" ;-; ; ■ 'li'- years. Befo'ro .that' time ' he, v,-orked R>'"'.' ";,;iti;. the .brick-yard-for;his"father,"'without; |:;v-...' 'receiving-anything .but" : ,his"tea- for,;.t?p' t;\-' yearsi;'and they .pkrted" iu a friendly- manner. .-..Samuel'iHill. "had'rsinco'. come (Mr.-' further, stated'jii his better); un- ' ded -the criminal jurisdiction ,of a court,Cfjy .;hut' the writer' did not think this -n-puld >- ."'disentitle,iim in the eyes of the .Supreme a:.:-- Court' tb .i a - provision under - the, ;:FamUy. i^:s?jfi"JJ!-r c !t«fiftoU'"''Act.'-' , .'Wonld-' the', executor '.'(it" favourably -consider S.ftclaini 1 a''-share of; the estate, for-'-Samuel"' Mill? . Witness replied-' that - it- was uh'ceH3nj|' ths .os'tato' would-be administered' 11,',.I 1 ,',. .;, . ,by ' himself -or tho; Public- Trustee, and K:'v'. '",ilater,'..whcn it. was settled' that' witness P,T/: ■' .-'Ehoiild act; he, again'wrote.,to Mr. Sl'Grath' [ '. . .stating, that ho ilid ■ rioc -'think' lie would fei !he justified' iii '. giving Samuel Hill, any share lin the- estate, - even ivith. the-' con-' [/;&,{' I'sent.'of -the-beneficiaries,' as some, of them ' /i'?-' -.were .under, age,'-'and 'he did'.liot,-th'iiik. there 'could.;bo a/successfulf claiml ririder. f-yiti;-: .'the*: Family," Protection , Act.': Possibly, 1.,-;:,'..:, Some of ,the":beneficiaries'.would liavo.been-h-.s, j to -.give ; up- part'-rof. their : shares ,s . a P: net of 'grace," bnt'-Sniriuel seemed' b:?.r,V:to: think to- "A large fji'v.,- . : ampunt—more than .! Eome' ,; of :; the others . -wouldget. Therefore! (witness' ' further' his' ! ,letter; to Jl'Grath),:';.it ; . .Would -be better...to let the Court settleI it - |- - , Capacity First-Questioned.- - : • Nothing': :furt"her. ', occurred, in-this f/Sonuectio'u"; until .-.OctoTJer 'of"' this' .year, {^;5;.-:.j[jrhen ; - witness received , ; a,« communication '. .from irr. Dunn giving notice .of tlie; pre-,' jfiept . action.., : thatv'time.l intness ~.*.-'ihad . ..heard .no. , suggestion -"'.whatever of incapacity on*the part of the. j- - George Hill had also complain.'ed ti ,witness in August,. .1909,-. asking why fep:' Jie/Was left'' out : Witness ex-|S:'"vi-.:;V:l)airied that his share.":i'n- the : business K"IT'V : vc ? me to moro -than some of the others 'got-under-.the will.-! Witness never ; heard" : - - .from - George Hill, or any-member of the family, apy suggestion as to want ,of tesfamentary', capacity on the - part" of. their "father;.. No inquiries V ivere made 'of ~\riti gS I, .:ness by or on;behalf.of any,- of the ptain- ,' '-. . tiffs as' to the circumstances of making , v the will - p? : .Iri:;crqss-examination.,witne,ss said the kp< ; ;-}«tate'..was'r.'swsTO"'. at- : i814,522, and tlie i,'dijty' was £531. : There; was a previous ;will, made,in 1004, and this was destroytSv--'. 'tired. : by,: withess;, in.'/ihe". -presence and at 'the request of. the/testator. He did cot in-;it.:'Ho had not .notes !of., his'instructions' about t.':',the will ho made;- Ho did not ally; keep.' such'tilings.- . tEJ-V. • • '■;• ; 'vtvV_- r : r...-.,. . The.Signature -of • the Will. , As' to ' the: signature* on the will executed by.-him,' iritness,'.admitted' that ho had seen -. the testator, write' better,. jW"; .His - Honour remarked th-it it"was-.'a fv-;, -;gooa; irrttten. by . ,£L mah-wbo had-be'eh-.taught writing. . ' :T\yo 'signatures, of decejsod «ero. pro-. l-iV" / duced, . and his Honour' remarked th:.l .. \that on the 'will ; was,!not; ani* r'ore shaky rt^;:;:'Jthan'the. .others. '.Mr; Dunn,-said" the signature to -. the j%5; v.;.'.wiiltwaa "morp . scrawlyt and shaky than j ; a ';". ; -,'.thoothers. ; ' j.Hon.pur ; said 'they', wero all- excelfc.; ."'.J.Jerit; signatures'.'' ' . ' . j2.^'-'j'?W?' , in reply to his R-'''H "t'flo'nojjr.'.' that he. intended to show , that . i ,'the,deceased''was suffering from sub-acuto S^.Tv^-a'colioJic'insanity. Dunn' then .put.' several questions ?.;i yith a:view;of that George Hill's f-;:;'.share, in, the business was'of-little value fv : :, *" a? a-provision -for. him, and that, there-. CjVfore, tho-deceased-'had omitted to make pVi; ; ... provision; for ;the son.who was allegedly feV his; favourite;:-;snch 'omission 1 indicating ■ testamentary-indapacity., ..- •: ■ f~,r; . Witness'said the .-business paid. 20 per ' cent the year befor'e"the testator- died. ■' Mr'.' Myers'-'remarliod.;.that George Hill f'-." . ■ could "get for,-his share-that day. ... "Reflection on a Solicitor." -'.-.Mr/.. Diinn '.referred to one of the inpiit.vto' the -witness during j' r"' "., '. 1 ,- the ' preliminaries of , the' 'case. - The injict:';.- . terrogatiorii was,' ''Is'. it...not „a fact that, fe. on; the .day.:ybu:','wer6 ' instructed to "draw ttt-r'' tho'will. testator' drank two bottles p..- v '^.''of whisky?"-V i'; ,v. ~,..'. r*;;'p ; " V"' Mr. Myers;said struck out by -.'the Chief Justice,-who'said it was a rek:.-;; ■ j. 'flection on.- any "solicitor to suggest that '. lie;, would;,'take instructions under such, f...' ' circumstances. . -. Answering, the '.question in Court,- the v;-:."-, > '-witness., said the'.testator; could not have j/?i: v 'di^uhk,.two .bottles.-ofi-whiskv before he fe- ; ■ saw him on- that day. He did .not know ; ; -. whnt :he did";afterwards. -. gC"&-'-. ; i?..[.May'-- it not have ..been 'the fact that ■':he" was drinking 'heavily, for years 'and j'' -~';:' v --;"years,awhile' you' were doing business for ■ him,' and that - , you- piistook. his' chronic fv, ' drunken state for a normal sober state? 1-., -rl,'suppose all .things; are possible. I 'mAy ; be.'cinaii.'mjrself.'-.' ".But. is'it not'probable that it was as '■'V,'''';'l suggested?—N.o. . If ;I am one- my* .' I am : fiuro!it was not so. ~ At this' stage.-one .of the witnesses for' J-;.; ■ the-plaintiff. was- : called for; convenience..:.- ! - "Erratic.". T ;' -William. -Alfred Waters;' of. tho - Land, t',";, Transfer Office,' formerly..a..law clerk,. < Eaid .he knew' the late'; Herbert 'Hjll for,

■12 years. - Ho drew deeds'aiid did legal .work for.him until about-.twelve years ago.'. He matlo"' vvills'for 'hiin at different times, , under which all tho -. family were yto share and share alike. Sam Hill,aim Torn .Hill always worked'well,, for their .father, and - got nothing.-regular'for it— perhaps 2s. Gd. a week once in'a', way. They started work very youu;. Witness met. deceased Auckland in 1908, arid thought his manner-"very erratic." ,Hc complained of having been: kept awako by-noises in the hotel whero lie had just been staying at-Eotoriia. Ho had evidently been drinking} It was really a quiet hotel. Witness also mentioned seeing deceased in Wellington 'on 'several .occasions, in an' excited, or' erratic, condition, and tho worse .for drink.' .Sometimes, he saw .him'"sparing" in the street. Ho would, sometinies keep sober for three months'.or so,- "whipping 'tho "cat," and then/he would be in drink for tlireo or; four months at a .time. Witness never.-'saw' him drunu, but; lie had*been drinking at intervals for years.. 'Samuel; Hill, was a, prizefighter, and. that' was the. cause of -, his getting ; into ' trouble. '■ His father. to ' attend all ■ his fights and back him, and was very- proud of his successes. ■ ,To. Mr.. Myers : -One could not hold a coherent,. or rational conversation with deceased when he was under the influence of liquor,; but during his periods of sob-, riety a better man -could not ' be.'- He was very keen'about business, and very generous to -his childrn., ■ Witness .was speaking of-twelve years ago. He had had,-no intercourse' with him'since. '. - Further evidence for the' defence was then taken. .. '' ■-

Doctor's Remarkable Evidence. . Dr. " Alfred'Templo Perkins said he was deceased's medical attendant for, ;nino years. ? Hill used to give, way'occasionally to\drink,during'the time he knew him. ■Testator could take a'good deal of liquor without being- drunk, .and, witness had iiever..seen ' him, ■ drunk', though he .liad been" life, worse for, liquor.'.- At the end of; ( March. last": witness "thought: ho had never, "seen testator, happier. The last time, he saw deceased suffering from the effects "of liquor was -in 1907: When, free from drink healways knew what ,he was doing. When ho had been drinking he talked , quite-rationally. Witness re--membered -'ono .of - the- Hills—he thought it was "George-rgoing to him and asking him—without making any'.inquiries , of .him—to sign a document; the. purport ;of;whichjwas'that testator was not inlhis right.mind. . ' - ' Did you sign it ?—No.. .' 'Did. Mr.. George Hill; - tellyon ' whose docnm'ent it was?— Yes. 1 His • solicitor's.

Has'anyone made a, threat or held out an inducement, in connection with' your evidence ?—Yes. ~ When?—l'cannot 'give the 'date., , About,how long ago?— Within the last month , '~w , , .'. His Honour: ;Who was ;it?— I do not want to say. .-\ ' '_ -His Honour: Xpu must, answer .—Ho did noti threaten me, but -said I would be.

, Mr.,j Myers: .WHo'iwas it? 1; - . / Witness:, Solicitor for . plaintiff. He said'that.if certain evidence, was brought forward in the public Court, against the -male.'plaintiffs' in'regard'to their past history,- accusations would in Court ; against deceased, " somo':' of " his daughters, and myself professionally. His Honour: 'Did ; Mr.-, Dunn"'tell- you what : the accusations were?— Yes.

What were, . they F—There's' .a -lady in the .'Court.' : . •

, .'His Honour:, The ■ lady -|had-. better leave tho Court. ; ; • ''.

, vthe ' aocusationsl Grave allegations, were-.', mide.' against.' the late Mr.. Hill, and .there was also' an,.accusation against; -.witness: prefessionally." :■ ■ Mr.;.Myers:- that after.;or: before you declined to- sign the-paper Georgo Hill had -taken■to/ybu'?4-Aiter.--- ... .What -n-as;L..yb.ur-.. : ;Teply?T-As' :: regards myself. I was'i'perfe'ctl'y. J aljle':, r to refute 'any/such 'statements. . Witli.i-egard-to the others,'-'I , could ,not; say; ' . ■ Were v'ou asked 'to sign., the statement on more than one occasion?— No- 1

Was It-a Threat? Mr.,,Dunn:, I/.had; several long, inter-views-with" .you; about .this case?— Three altogether. .' . , ' ' , '■' Did I not suggest to you that-a scandal .ought to be kep'trout J bf tho'case?—You thought it would bo better, and I ,agreed. Mr.'Duun: I "thought ,we were speaking in .confidence?— You said so-.. . : ' between ourselves in':;.a." friendly way; I; gave an" inclination of what was being, said?— Yes. v . '. Prior, to this you had always given me statements?— Yes; ujitil you, had-.mado. ah; accusation , against me,' ,or threatened to do so. :.. ■ - ■:' ' Did;, T evert make ah accusation '—You said'' it .'would'-be :made. ; Did I not say .this was the sample of' what the family 'was saying?— You . said they would' say so. ' ; Mr.,Myers,'- r to Mr. Dunn; I-do' not say you made the: threat. ....... » ; Witliess -(to:-'M,r. Dunn) S'l.am:'not say. ingt ydnfself. ■ I am saying what ;ybu' ,said 'th'eyfWould' say. When; it'-: camo. .to- affect .my-horiour I thought it was timo'to speak. , . ; .

The Judge on Counsel's Conduct. - His ilonour: If a solicitor' to. oho of, the,parties in.a case, goes to consult an adverse, witness to 'his . clients and. says ■that, if a matter comes,before the Court, a 'charge ; of- professional -misconduct would bo .brought against him,, it /.is very,'.niucli;in. the. nature of endeavouring to keep -him- out' -of the Court, for-fear of-'havirig an'attack "on' his' professional conduct.- 1 1 'do' not 'say: this is'.wh'at you meant". That',is."' what.you.- conveyed. THafs what. Dr.," Perkins .says you conveyed to him' as".being >hat your clients meant. ,: Mr.' D.unn: Yes, ;your . Honour. In' a. conversation., I,.'am prepared 'to give .evidence-about it if. necessary. His Honour: There;- was no suggestion made, against • you of any professional misconduct.,, What Dr. Perkins, says you did—l suppose s by instructions of your clients—was to convey-, to Perkins threats that,- if;]information, came;, before, - the Court, charges.oi professional misconduct would be ,made against him; , ; ; Mr. Dunu: I did not say that it would be made, bht< my recollection is that , I understood that it would bo made. Mr. Myers:. IMiavei led 'tlie. evidence because it shows what my friend's clients, in order .to prepare their case, ivero .prepared :to do.--. . , , ■ His-Honour: I do not-say'it was'wrong' of you to convey that information to Dr. Perkins. Even if the accusation is true or untrne, it certainly is wrong of tho plaintiffs to uso' this as a threat to induce Dr. Porkins not : to give his evidence; "Mr. Dunn:'Well, your'-Honour, it was certainly not intended., Mr. Myers: I had no intention to impute. anything to Mr. Dunn., ■; ~ Witness: I intended to impute nothing, also. . When .you' touch a; medical' man's honour you" touch everything he has left to him. Tho public soon get hold of anything'like that. Mildred oilman Marchant, accountant, and liawdon St. Jo&n Beere, defendant's brother and partner, said the testator was sober when he signed the will which they attested; Evidence of Daughters. Gertrude Jane Hill,. and... unmarried daughter, ol 1 the testator, said she was living in the,same house with him up to the time of-his.death. She did not. know before the funeral how tho property was left. Her father never discussed tho matter with her. Her father did not drink at all when' he ' took her. on tho Sounds trip tho year-of .his.death:' lo Mr. Dunn: She did not know that her father mado a charge against Mr. Johnson, in connection' with the business. She knew they had words; She regarded Mr., Johnson as an honourable man.

Annio Johnson, wife of . Arthur Johnson, and daughter of the deceased, also gave evidenfce; tending to show that deceased w ; as sober and in good health from the time lie went avvay on tho Sounds trip early in. 1000 until May of that year. She knew nothing of any will that was being made by him at any time. : "Vory Remarkable." Cross-examined, witness denied that her father drank two bottles of whisky tho day-Mr. Becro called to receive instructions.for the , will. ■■ , ... ' -.' His Honour pointed out that Mr. Beore a careful solicitor, had had a long interview with the .testator that afternoon, and had observed no sign of liquor upon him. Mr. Beere's pvidonoe had not been impeached by. Sir." Dunn, It -was making too great ai demand; upon human credulity to suggest that any man could drink itwo bottles .of whisky in one,.day. and ex-hibit-Jo traec of it, not even'a smell. '. Mr. Dunn said it was , 'ai. very remarkable case. :> His explanation was that Mr. Hill was constantly-in an alifoholic. state, and. Mr.';B«)re';'took it' for - his, ordinary stato,. ■•

Witness also 'it was never proOn one-occasion her father accused her husband of falsifying;fclic business books, and her husband threatened to tlaiiu .£IOOO damages. The accusation was untrue. She did not know' of her father having even threatened to shoot either of his sons. ...•.' ' Case for . Plaintiffs Opened. • Mr. Dunn briefly opened for the plaintiffs.. . _"• " • ' Dr. Bowcrbank said he attended deceased'from May 22 to June 2, 1909. He was a physical wreck, "through, Apparently, long-continued - alcoholism. The stato/of his .mind !was bad: He was.buffering from gastro-euteritis, diarrhoea, insomnia, and other troubles, lie was not then fit to transact business. His brain, in 'witness's opinion, was diseased;' like the body. He would have been a fit subject'for an insano asylum. The liver, heart, and lungs were in a chronic stato of disease. To Mr. Myers:-A man in the condition in which witness. found the testator in May might, have been quite able to look after his business,', and quite sober and sane in March,'if "he had been keeping off the drink. • . The case was adjourned until noon today, ■ • .-■;'. .