A DISPUTED WILL

Dominion, Volume 13, Issue 1, 26 September 1919, Page 2

A DISPUTED WILL

FAMILY COMPLICATIONS / CAVEAT LODGED AGAINST PKOBATE His Honour Mr. Justice Sim yesterday afternoon, in the Supreme Court, heard this case of Peter M'Donald, of Lower Hutt, plaintiff, against Elizabeth Valentine. • Alexander M'Donald, Florence Alien. Maria Kelly, Julia Cleaver, William M'Donald. Annie May M'Nicol, Alfred M'Donald. Isabel 'i'raske; • and Peter M'Donald; 'Sir John Findlny, K.C., with him Mr. P. -B! •■ Broad, appeared for the plaintiff, and Mr. T. M.'Wilford and Mr. P. Levi foi'-'llefeildants.' '"■•'' In his statement of claim tho plaintiff set out that he Was the executor appointed : under the will of Archibald APDonnld. late of Lower Hutt, retired; farmer.'who'died'on or about March 3; 1919. tho said will bearing date July 10, 1910; That a motion was filed on behalf of plaintiff for a grant of probata iu common 'form to tho plaintiff ' on March 25. 1919, and a caveat against the, grant thereof was served by defendants on' plaintiff on March- 27, 1919. The plaintiff, therefore, asked that tho Court should decree'probate of tho will in solemn form'of law. '■ ■' "

Tho defence was that the deceased Archibald M'Donald, at the time tho will was purported to have been executed, whs not of sound mind, memory, aud understanding.' That the execution of tho fl'ill was'obtained by tho undue influence of the plaintiff. That the deceased at tho time of the execution of the will did not -know ''and approve of the contents thereof. - -That 'the deceased made his true' will' dated July 16, 1912,-and by a codicil' thereto' dated September' a, 19U, lie thereby appointed Harold John Moule Thomson, 'of Ihglewood, solicitor, executor thereof, and after some bequests left tile residue ■ of 'his "estate to be' divided equally between his two stepsons and the'plaintiff and the defendants, being nephews' and nieces of tho deceased. The dftVndiints claimed that the Court should pronounce against ! i:bo'\ will propoundedby plaintiff. •'. ■.""•'_' ■' 7' ' •' ' ■: Sir' John' Fihdlay mace a lengthy statement dealing with the facts of tho case, aud stated' that tho plaintiff, and the two • stepsons of tho deceased wero the beneficiaries, . He., thin. proceeded to call evidence. .

. Voter -H'Donald, ; 6eainan, said he was the nenhew of the late Archibald M'Doiw aid. In his youth ho was brought up in his Grandfather's house in Tyrce; Arsyleshirc. Archibald M'Donald was thoro at the time, but later left, and eventually •took.-'up a-bush farm near". Inglewood, Turanaki. Witness came to New' Zealand in 187G, and went to live tntlr Archibald M'Donald in luglewpod, .and remained with him < until 1881. Ha assisted his uncle to fell the bush, and tiicv worked together in the district to K et a little • money. After.leaving his unclei witness., became mate on. a 6mall vessel, on ..the coast, and .saw his uncle in 1882 at Waitara. Witness'gave.his uncle• =£18. ,- In 1888 witness was.ill with fever at. Auckland,- and wrote to his uncle for money, and. received £15 by. wire. His uncle married in 1884 a Mrs, Anderson ■■•who., had two eons. Witness saw iliis' uncle from, time to time., In 1015 witness was residing in Hargreaves Hbeet- Wellington, when his uncle camo to see him. Sir. Allen, "husband of one nt' the ..defendants, camo with his uncle, who was not in good health. He went ontoDunedinwith Mr. Allen to consult Dr. .Ferguson, stopped about forty-eight •hours, and returned without submitting to an' operation. His uncle was left in his care-in order that he could secure medical attention for him. Dr. Ewart attended him for about a month, and then-said that he. was, fit. to stand an oueratiou. He was taken to Dr. Macken. 2 ie who performed two operations on ttio eve ' Dr. Mackenzie ordered his uncle to live at Lower, Hutt in a place sur.. rounded bv trees, and sheltered fiom winds. • Witness, was instructed by ns. iu(c:o .-to-purcliase'a. place at tno.Hi.i : idth. : his. .nianey,, .W'tuesji dovobed hiniself..entirely .to -looking after.:his; uncle. name and .that,was,ikne by Ins uncles ■instructions. , WWn his uncle «»t «"" to live with witness he was told.thathe had made two former wils, but k « not. satisfied with them. He.desired .. make a fresh will, and said that be pi ,• posed to leave .his. property to and the deceased's stepsons, "James Anderson and Samuel Anderson/ ft *a' suggested to.witness by Dr. MDonaHP of the Hutt, tlint his uncle should make his, will, and life uncle Mr, Buimv. solicitor, should fix up.-the matter Sir. Bunny did prepare the will and arranged the wholo matter with hU uncle. -Some time in Hay, IJl<>, w ilo wit. ess was out of the house Mrs. • RoTiuid Alex. M'Donald visited the; house..and removed the old man ino town, taking him away m a ten. Jhcy were the children of Duncan M Donald, a Younger brother of the deceased. .This witness was subjected to a vm searching cross-examination by-Mr. VuU f °The hearing of the case will be continued., to-day.; . ", ;'