A WILL CASE.

Dominion, Volume 6, Issue 1693, 8 March 1913, Page 5

A WILL CASE.

TESTAMENTARY CAPACITY. (By. Telegraph.—Press Association.) Invercargill, March 7. ' • !At the-Supreme Court to-day, Sir Joshua jiWilUams lieard,the case of Caroline Cartj»./e.Kt v. C. S. Longuet and the Trustees 1 .lie Church of England, claiming revocation' of probate of the will of Dora Clark (plaintiff's mother); and asking that the ' will be declared void. -Plaintiff claimed that 'her ! ulother, who had suffered from ■ paralytic seizures,, did not haVo . testa- " xneutary capacity, when making her will, ■which left her only a life interest in the. estate. The defendant, who was the :" , testatrix's solicitor, and also sole executor, gave'evidence that (Mrs. Clark displayed undoubted testamentary capacity. She disliked her daughter's. hidbnnd, and in , orderto avoid the possibility of his. getI ting th 6 money left her daughter ■ only a. •• life interest in the estate, going to the, , ■ Church of England ultimately. Medical evidence was given by Dr. Ewart that Mrs. Clark was quifce.capable Of properly expressing her intentions at the time the will was made. Sir Joshua Williams Rave judgment for the defendant, saying that testamentary capacity had been abundantly proved. ' .