LAW REPORTS

Dominion, Volume 8, Issue 2410, 16 March 1915, Page 9

LAW REPORTS

SUPREME COURT

DISPUTED WILL

APPLICATION FOR PROBATE

Proceedings under Section 28 of the Administration Act occupied the attention of his Honour Mr. Justice Chapman .and a special jury of twelve in the Supreme Court yesterday, when application was made for probate of the will of the late Thomas Francis Walsh, farmer, of Hurleyvillo, Tarauaki. The plaintiffs in the action were. Thomas Walsh, farmer, of Kapurii; James Walsh, farmer, of Stratfoid; John Walsh, farmer, of Lyre, Farranfore, County Korry; and ! Timothy Walsh, farmer, of Loughnagoro, Farranfare, County Kerry. The dofondants were: — Julia Courtney, widow, of Ballyhar, Aglish, County. Kerry; Margaret Sullivan/married woman, of Ballyhar; Patrick. Courtney, farmer, of Aglish, County Kerry; Julia Fitzgerald, marlied woman, of Te Aroha; Bridget O'Rourke, married woman,' of Otaki; and Nellie Brosnahan, married woman, of Gisborne. , Mr. 0. B. Morison, K.C., with him Mr. R. A. W. Welsh, of, Hawera, appeared for the plaintiffs, who are the paternal uncles of the deceased and beneficiaries under the will. Sir John Findky, K.C., with Mm Mr. J. L. Stout, appeared 1 for the defendants, the first of whom (Julia' Courtney!) is the maternal grandmother of the deceased, tho other defendants being the maternal aunts and maternal uncles of the deceased. " ■ . From the statement of. the facts it appeared that the deceased was taken ill at his farm and died iii a motor-car. on the way to New Plymouth Hospital on February 25, 1913. He left property and cash to the value of. £8461, less liabilities estimated at £450.' Tho I will, on which the application was based, was dated on the day of the death and' attested by the mark of tho deceased. The will read as follows"In case anything should happen to me on my way to the hospital, t leaVe all ray cstateß' and stock to my uncles and aunts, except my. interests' in the Norfolk Road farm, which go' to my partner, Ernest William Gibbs, and fifty pounds is to go to Mrs. Allen for her trouble during my illness. —(Signed) Thomaß Francis Walsh (mark), Ernest William Gibbs, T. J. Allen, Mrs. T. J. Allen." Having, witnessed the will neithec Ernest Wm. Gibbs nor Mrs. Allen could benefit under it, but' in respect of the other interests application was made to have the will declared to be the true last will of the deceased; A . rule nisi had been obtained originally,, but subsequently a caveat had been lodged, and the matter was .reviewed, in the Supreme Court' in Wellington last August before his Honour Mr. justice Edwards, the Public Trustee at that time acting for several paternal uncles of the doceased. After hearing lengthy evidence and addresses of counsel, his Honour discharged tho rule nisi, remarking that the Public Trustee might consider thd question as to whether he phould continue as plaintiff in further proceedings in. connection with an estate in which he had no interest. Corts were allowed to be paid out of the estate.' Yesterday's proceedings before the.special jury marked the liext step in the application for probate. , ;., By way of defence it was denied that the deceased (Thomas Francis Walsh) executed the document in question or any testamentary document. . Defendants asked therefore that the said Thomas Francis Walsh should be declared to have died intestate. The evidence is fairly lengthy, ' and •the case concluded last evening when- .the adjournment was taken. The hearing will bo resumed at half-past 10 o'clock this morning.

A FAMILY AFFAIR.

An action arising out of a family dispute 6f long standing was heard by his Honour Mr. Justice Stringer yesterday. The plaintiffs were William and Richard Bevan, while the defendants were George and Robert Bevan, all being members.of. the Bevan family, of Manukau. Mr. T..M.-Wilford appeared for the plaintiffs, the defendants being represented by Mr. H.. D. Bell, K. 0.,. with him Mr. W. Perry. ~ The proceedings were directed 1 to set' aside an agreement, .made on March" 28, 1913, whereby a number of matters in dispute amo.ig members of .the family were settled. The disputes arose under the will of the mother of the parties. The plaintiffs were executors and residuary legatees, and the other members opposed granting of probate in the Native Land Court. Thero were also claims made by some of the defendants against the estate of a deceased brother, Edward Bevan. Thes-j questions had, also been settled or compromised by the agreement, which the plaintiffs desired to set aside. ' Hearing of evidence proceeded throughout the day. The case was still' unfinished at 5 o'clook, and was therefore adjourned until a quarter-past 2 o'olock this afternoon.