SOLDIER’S SPOKEN WILL

Dominion, Volume 14, Issue 127, 22 February 1921, Page 5

SOLDIER’S SPOKEN WILL

PROBATE GRANTED BY MR. JUSTICE CHAPAIAN.

Probate of a will which consisted not of a document but of words spoken bj the deceased, was granted by Air. •’nstioe Chapman in the Supreme Court jcstei°The testator was Francis William Desmond, a. member of the Expeditionaiy Force. "Before leaving for foreign service, and when on his final leave he said to his fiancee, Alay Booth: Alay. take these papers and keep them. It J do not come back you will know what money I have. Before I leave New Zealand I will make a will m my paybook in your favour, and leave all to you.’ AVhen saying this he gave tho girl his Post Office Savings Bank passbook, and a life insurance policy on his own life. He was killed in action m France, and his paybook was never recovered. In n letter ho wrote before leaving he said: 'Will you be surprised to hear that I have claimed you as my next-of-kin ? If I have taken such a liberty, will you be angry? I have entered you as such, and please don blame me, ALiy. Whose name could 1 have used anyhow?* , “I am satisfied,” said His Honour, "that tho words deposed to were used, and passages in Hie letter clearly show thnt the deceased was sincerely attached to the girl, and meant to do whatevei ho could do in her interest. Tire only question is whether tho.«e words- aro testatory I think Hint (hey should lie so regarded. Wo do not know whether tho paybook will was over made. _ Assaming that it was not, I flo -lot think that Iho omission would affect the mailer. If the testator had mot his death when returning to camp wo should have Jiad the (expression ho used at parting, counted with the very important act of delivering U>e documents of title, tn tho girl, as showing an intention which, according to (he language used, and the circumstance®, wns menu! to operate there and then. . . . Tho words . . . could not bo plainer than they are,"