NELSON WILL CASE.

Dominion, Volume 6, Issue 1765, 2 June 1913, Page 6

NELSON WILL CASE.

'ADOPTED DAUGHTER.,

. her claim on the estate,

[Br Telasrwh—Prei» A»«oolatlon.l Nelson, May'Bl. Sir Robert Stout has been engaged/in i the Supremo Court hearing an interesting case relating to wills. In January last Mrs. Mary Thompson (now deceased) made a will in favour of Johan Albm j • Ahlstrom, under which ho was appointed sole legatee and executor. A caveat was however lodged by tho Public Trusteo •and Mrs. Ada Dodson, tho adopted daugh-1 tor of deceased, and interested under a former will. Probate of tho will _ ln favour 'Of Ahlstrom was granted on May 10. On that occasion Mr. Justice Chapman made a rule nisi, to bo made absolute unless tho caveators showed cause to 'the' contrary. The Public Trusteo has 'now applied for probate of the first will, ' and to havo the rule nisi discharged, air John Findlay, K.C., and Mr. E. B. Moore Appeared for the residuary legatee under the first will, Mr. Mooro for the Public Trustee, and Mr. J. Houlker for Ahlstrom, ' ■ ■■ , Tho evidence of Mrs.' .Dodson was to {ho effect that she had been adopted bv the Thompsons about 25 years ago, and !had' lived with them until her marriage iii 1002, of which her foster parents had . approved. Her' father died in 1910, and 1 N for some timo she stayed with her mother. Subsequently the latter stayed-with tho Ahlstrom?* (her. tenants iu N-elson), paying them .£1 per wesk, and, later, as she wanted to live with tho Dodsons in order 'to secure a homo nearer town, deceased found ,£IOO towards this. Witness inoticed that her mother was becoming: increasincly addicted to drink, and endeavoured to check this. Her mental condi- . tion caused anxiety. In January last deceased returned to Ahlstrom's, parting with her (witness) on friendly'terras. Sho saw her mother in March, when the latter was in a dazed condition, and did not recogniso her. Five days afterwards n. will iu Ahlstrom's favour was made. When 'her mother left her in January she was - not fit to make a will, and could not understand things «ad to her. Medical evidence was given as to deceased's indulgence In alcohol and testamentary incapacity wliilo at Ahlstrom's. Tho agent for the Public Trustee gave evidence as to wills prior to that in Ahlstrom's favour. Be saw Mrs. Thompson at Ahlstrom's in February, when she was not in a condition to raako a will lon that occasion. Ho would not havo done it, for her estate was worth .£2913. Other evidence was given as to deceased's indulgence in drink, and general Incapacity at the timo that tho will in favour of Ahlstrom was made. Tho respondent's case was a general denial of the. evidcnce'led for Mrs. Dodson. '

. A medical man. was called by Ahlstrom, , and stated that, after tho last will was made, ho examined Mrs. Thompson for ' her testimony, and she was quite capable of making n will; i.Ho did not seo any /."evidences of liquor. " She refused to distuss her property.with him. Ahlstrom, a Swede, who arrived in the / Dominion in 190G, detailed the arrangement under which deceased first came to Jive with them, in a house which he rent- ' ed from her.'" ,Sho came in June, 1911, and stayed till the end of the year, and about three months in 1912. She came "■(igain in January;'l9l3, and expressed a wish'to"stay'there until she died. She . told witness that' he would be well rewarded for his kindness tb her. He did . not know what- property sho possessed besides -a • cottage', and he thought that it was this-cottage which'Mlo ine to 'liini.' She told Mm ;to a solicitor' to make lier will. i jHet .denied that deceased drank to excess (it his place, lie did not tell tho relatives that? deceased " had revoked her former will, bech'use he did not think himself bound to do so. Ho did not tell the doctor whom he called in that others were attending deceased!' ... Ahlstrom was cross-examined at great length by 'Sir John Findlay. Corroborative evidence'was.givep by his ' fflfe, and the hearing adjourned.