A FARMER'S WILL

Dominion, Volume 12, Issue 5, 1 October 1919, Page 2

A FARMER'S WILL

FAMILY DISPUTE WAS THERE UNDUE INFLUENCE? In the Supreme Court yesterday 'His Hoiiour Sir. Justice Sim concluded the hearing of the. case of Peter M'Donald, 'of Lower Hult, plaiutiff, against Elizabeth Valentine, Alexander M'Donald, Florence Allen, SliU'ia Kelly, Julia Cleaver; William M'Donald, Annie May M'Nicol, Alfred .M'Donald, Isabel Traske and Peter M'Donald.

Sir John Fimllay, K.C.. with him Mr. P. B. Broad, appeared for the plaintiff, and Mr. .. T. M.-Wilford and Mr. P. Levi for defendants.

Plaintiff claimed that lie was executor of tho will of the late Archibald M'Donald, of Lower Hutt, retired farmer, who died at. Nelson ou ■ March 3, 1019, the said will bearing date July 10, 1916.. Plaintiff applied for, probate in common'form, and was served by defendants with a caveat against the granting of the probate, and plaintiff asked that the Court should decree probate of tlie will in solemn, form.

Tho defence was that deceased at the time the will was purported to h'.ve been executed was not of sound mind, inemorj, and -understanding. That the execution of the will was obtained bv Vindue influence by plaintiff. ri'.U 'he deceased made, his true will, dated July 16, 1912, and by a codicil tlier >to dnled September 5, 1914, he appointed Harold J. 11. Thomson, of. Inglewood, solicitor, executor thereof, and after sumo .bequests, left. the residue of his estate,,-to be divided "equally between his two stepsons and tho plaintiff and the .defendants, being nephews and nieces of the .deceased. The defendants claimed that the Court should pronounce against the will propounded by plaintiff. ; ■ ■ Joseph James Alien, husband of Florence Allen, a niece of the deceased, said that .when 1 lie took the i«ld- ,man\ down to Dunedin. the latter aviis in' a very feeble' condition, and -his m-.mory was very had. On arrival in \Vellinstori they were met by Peter M'DeUT.d. At Dunedin Dr. Ferguson was consulted, but no operation was carried uiiv. and they returned to Wellington, the old man remained with l'etcr. so tiiat lie could receive medical .attention;, for . a few w&lcs. Witness saw the' elder M'Donald again in December, 1916; he was then much changed, and asked witness when lie was going to take him back to Inglewood. . ■ • • .

Cross-examined, lie considered '.when Pefer' M'Donald paid a visit to Inglewood he was up to some mischief. The old man Was imbecile when witness took him to Dnnedih', and was. a little worse in 1916. Witness obtained the information from the Andersons that the old man was going to make out a fresh will. William IL Kelly, husband of. Maria. Kelly, a niece of the deceased, said (hat towards the- end of. 1914 the- old man was getting very, feeble. Peter -wrote to witness asking that .£3O (rent. af a house) should be forwarded to the credit of "A. M'Donald" at' a bank, and witness did this through Mi....Thojnson,'. solicitor. ..

Ernest P. Hay. solicitor, formerly with the Public Triist Office, gave evidence respecting an interview at which arrhngements"Verc made regarding the oid man wing to stay with Peter Jl'Donald. Ho did not want to go. He seemed to be finite rational. ■

This-concluded the evidence «nd -His Hoiiour reserved his decision.