A WILL RENOUNCED

Dominion, Volume 8, Issue 2487, 14 June 1915, Page 9

A WILL RENOUNCED

DEFECTIVE IN EXECUTION. (By Telegraph—Press Association.) Hamlltsn, Jiuie 12. Mr. Justice Cooper was asked to decide a novel point in a will case at Hamilton to-day. A Belgian named Conrad Toiypens, who died on August 14 _ last, left a will dated August 5, which bequeathed the greater part ot his estate to Albert Upton, farmer, Waimai, a stranger in blood. When piobate was asked for several months ago, Mr._ Justice Cooper refused to grant it ill common form, and instructed that it bo applied for in solemn form by joining the Public Trustee. When the renewed application came before Mr. Justice Cooper to-day, it was or>posed by Mr. Napier, on' behalf of the next-of-kin. James Caughle.y, farmer, of Woodletgh, who attested the will, said he and one John M'Kay were present when Teiypens signed the will in his bedroom. Witness and M'Kay then withdrew to the kitchen, and there attested the will, as there was no table lri the bedroom. A partition between the two rooms would prevent the testator seeing him (Caughley) sign. His Honour renounced the will on the ground that it was defective in execution. _ The costs of all the parties will be paid out of the estate, defendant undertaking not to oppose letters ot administration. His Honour remarkerl_ that the point had never before been raised in a New Zealand case. Jt was a very important one.