CURIOUS WILL CASE

Dunstan Times, Issue 1119, 12 October 1883, Page 3

CURIOUS WILL CASE

{Town and Country Journal, September 22) On Wednesday the probate suit of M‘Arthur and others ▼, Secoembe was brought to a conclusion at the Supreme Court before his Honor Mr Justice Faucet! and a Jury of four. The case occupied exactly seven days—viz., September 10, 11, 13, U, 17.18 and 19. ' r he plaintiffs, Adam M'Arthnr David Evans Williams, Frederick Richard Sueeomqe, and Margaret Lucy Tucker-See-combe, as eieoutois and executrix, sought to propound the will dated July 17, 18s2. with twe codicils thereto dated respectively the 3rd and 28ch November, 1882. of one Roger Seccomhe, formerly of Milton, and afterwards of Duhbo, publican, deceased.

The dtfendant, Susan Ann Berry Seccombe, is the widow and relict ot the dc» ceased testator, and she opposed grant of probate of the will and codicils to the plaintiffs on the ground that testator at the time of their execution respectively was not of sound mind, memory, and understan ling, and also that he was under the undue influence of the female plaintiff, Mrs Margaret Lucy Tucker-Seccumbe. The testator by the will in dispute, dated July 17, 'BB2. devised his property to trustees till Edith, his youngest daughter, became of age ; then Frederick to take Ayrie Bowrie Farm, subject to charge of I.Booand 1.20 per annum, with ri .ht to use four mono, aud furniture, to Mrs Seccomhe (spoken of

Ib Susan Ann Berry Bodge, her nai eo name) j B'landiary to 'l'humas, subject to a charge of LlOilO ; the Wars'ah Hotel. Tea mania, to Mrs Tucker Mecoombo ; and e/aeiea as follows Edwin, LI0(1,; Agnes, LI0O; Helen, LISO • Henry, L 30 0; Caroline, I ADO ;-and the residue to Edith. The fl st codicil, which waa made on November 3 JBB2. gave the furniture, lease, and nceiiss of the Imperial Hotel, Dubbo, to Mrs Tucker-Seccombe. The second codicil, executed on November 28, the day before he died, revoked his will, save nstothoWaratab property, and declared that ample provision had been made tor Thomas, John, Edwin, Haniet Williams, Agnes Wenham, Charity Brown, and Helen. It devised Ayrie Bowne to Frederick and Henry, subject to the maintenance of the mother and unmarried daughters—with use of four rooms for Mrs tieccomhe, as well as th« payment of 1.500 each to Can.line and Edith- ■ the residue going to Frederick and Henry. It appeared from the evidence that the testator, Roger Secoorabe, married the de fend mt, Susan Ann Berry Hodge, spinster, on July 31, 1842, in Hevnnshire, England, she being at that time only 18 years of age. There bail been, 11 children issue of the marriage. Testator lived happily with his wife and family at Milton, on the southern coast, un.til 1879, and accumulated considerable property. In 1875 he became addicted to diT• k. In 1876 the plaintiff—Mrs Tucker—weut to Milton. In June, 1879, testator went to Tasmania, and Mrs Tucker admitted that she met him there at the end of the same month. They then purchased an hotel at Waratah, Mount Bischoff, Tasmania, on equal snares, the license being taken out in the name of linger Tickle Tucker. In March, 1880, the te<tator returned home ill, and it was stated by plaintiff s witnes es that he was in a filthy condition, and was almost imbecile. He remained at Milton till the following month, r.nd r«tnrn"d to Tasmania. He can e home again in July, 1881, and stayed some time. 1 i October Mrs Tucker came up to Sydney, a was ti • ried to Se combe by the Rev Tl e as Johnson, of Wynyard square, on Octobei 1381. Mrs Tucker denied the clergyman’s a-isenion that he asked Sc.ccumbe whether he was one of the family at Milton, and that thereupon he hesitated, and siie answered, “No, Mr Seccombe hm no rela twe m the coony.” She denied that there hid been any cohabitation before marria' ». Testator told her that he never had been marrie I, > ut »he knew he had childicn. After the marriage th' y went back to Mount Bischoff and let the hotel. Soon afterwards they took the Imperial Hotel at Dubbo. and kept it for eight months, when he died. According to her opinion testator was a sej willed shrewd man. She she had used every endeavour to k ep him away from drink, ant had never used any influence with him except as to the Mount Bsohoff property. A great many letters which passed' between the testator, his sons, and bank managers were put in to show that he was thorougly capable of trait acting business. Br Bidder, who saw the testator in 1881 fev ral timet, dil not notice any weakness about him. L). Cronimelin, who had known him at Milton and stayed in his house in 1875, said he would consume from one and a half to two l otties ot alcohol per diem, and was very childish in his ways. Ho had a habit of getting up in the middle of the night and lecturing Ills sons. His opitdon at that time was that he had taken so much alcohol that he had become a'most imbecile. Dr Smith,am, who attended the testator at Dubbo,'considered he was quite capable of disposing of his affairs up to the day before he died, though he would require rousing up to enable him to do' so. He hail not the appearance of an habitual drunkard. The female plaintiff Mrs Tucker, had consulted him with reference to the trea'ment of inebriates by chloride of gold. Mr A. Nicholson prepared the will from instruct tions which were brought to him by testator in writing. Mr Booth, of Dubbo, prepared the codicil, as well as the settlement of the Tasmanian property on Mrs Tucker-Sec-combe. He looK the instructions as to the first co lied in May nr June from testator himself, an I the documents were forwarded to him in June. Testator signed the deed of conveyance before him, and at the same time said he had given some hind to one of his sons for less than it wan worth. He had been consulted by testator with re f er ence to other matters, and he always seemed to know what he was about. The instructions for the last codicil were received three weens before his death. They were in MrsTucker-Seocomhe’a handwriting and signed by the testator. The day before his death witness saw him, and told him he had the instructions with huh After reading a portion of them testator, in reply to his question, said he wished a document drawn up in accordance with them. The codicil was immediately prepared, and witness and his clerk took it up to the hotel. When it was read over testator, when asked if it was correct, nodded his head. He could not speak plainly. Mrs 1 ucker-Sec-comhe and a servant were present —the latter for part of the time. Witness ad ei a few Words to the attestation clause, and testator made his mark with his (witness’s) assistance. Testator then muttered aiat ue was sorry he had given him so much trouble Evidence of capacity was given by a number of witnesses who knew the testator at Dubbo, and on the other hand there was adverse testimony given l.y the people who had known the deceased at Dubbo and Milton. Counsel having been heard far plaintiffs and defendant, His Honour summed up at g-eat length, laying great stress as regarded the plea of undue influence in the bigamous marriage between testator and Alfa Tucker. He also referred trnnte ly to the evi un e of the Rev. Mr Johnson, who celebrated the second.marriage, as to Mrs fucker's denial that testator was one ot the .Sec comnes of Milton. • The jury, afier two bouts’ deliberation, returned the following verdict:-We find for the plaintiff on the first issue, as »e consider from the evidence that he retained sufficient soundness of mind to know what property he was possessed of and went would be the result of his disposition o it . We find for the defendant on the second issue, as we find from the evident'-' that Mrs Tuckerha«l acquired such an i ff ence o-'er Roger Seccorobe as that he had ceased to exercise bis mental powers independ* en'ly.” This is a verdict for the defendant.