PECULIAR TAIHAPE WILL CASE.

Dominion, Volume 12, Issue 221, 12 June 1919, Page 6

PECULIAR TAIHAPE WILL CASE.

-» SEVEEAL WILLS MADE AND LOST. In the Supremo Court in Banco, before His Honour tho Chief Justice (Sir Robert Stoirt) yesterday, Mrs. T.- E. Wilson .and her daughter applied for letters of administration of'the estaio of the late T. E. Wilson, of Taihape, settler, nnd formerly a journalist. Mr.M.Myersappeared for.the applicants, and Mr. 1 , . E. Kelly for the Public Trustee, who opposed the application. . Tho circumstance of the case were somewhat peculiar. In November, 19H, the.late T. E. Wilson made « will appointing the Public Trustee his executor, and after giving various legacies left his wife the income of his estate for , her life , , and after her death to her daughter.-for life, tho capital of the estate to go eventually to the children of Ihe daughter, and in the event of her dying without issue,' to the testator's next-of-kin. In 1915 the testator withdrew his will from the Public Trust Otiico and in 1916 lift made another will which wag witnessed by Messrs. Duncan and Kelsall. None of the persons who made affidavits had had an opportunity of reading that will, but Mr. D. S. Pnpworth, journalist, at Taihape,. and Mr. Perry, librarian, of Wellington, made affidavits to the effect that the testator had informed them that lie had madq a will leaving his wife a life interest in his property, valued at about .£25,1)00, the whole of which would go to his daughter on his wife's death. The testator had also made . statements to various persons, including the Public Trust Office agent at Taihapo, that after his death the Public Trustee would have the management of his estate. The testator died insanitary, 1918. The only testamentary documents found wero in his deed-box at the bank at Taihnpe, and were two wills made prior to 1914, which had been revoked by the 1911 will. The original of tho 19U was rot found, although a- copy of it was in the deed box; nor wa3 tho original 1910 will found. In the circumstances an application was mado. by the wife of the testator for letters of administration on the basis of deceased having died intestate, This application was opposed by the Public Trustee, who had lodged a caveat against tho administration being granted. Mr. Myers, on behalf of the applicants, relied upon the presumption of law that tho wills of 19H and 1916 not being forthcoming they had l)«en destroyed by the deceased with the intention of revoking them, end tho onus of hhowim? a contrary intention was upon the Public Trustee, who opposed letters of administration I* ing granted. His Honour reserved his decision.