WILL CONTESTED

Evening Star, Issue 22462, 6 October 1936, Page 5

WILL CONTESTED

MENTAL CAPACITY QUESTIONED [Psn United Press Association.] CHRISTCHURCH, October 5. Hearing of ah application to have probate of, a will allegedly made by Elizabeth Smith,, spinster, revoked, and the will declared null and void, was commenced before Mr Justice Northcroft in the Supreme Court today. The will was sworn for the purposes' of probate at £77,000, but at the time it was drawn up the estate was estimated at between £50.000 and £60,000. The plaintiffs were Olive Judge and Ivy Cookson, both of Christchurch, nnd the defendant was- the Guardian Trust and Executors Company of New Zealand Ltd. It was'claimed by the plaintiffs that at the time the alleged will, dated June 8, 1934, purported to have been executed, Elizabeth Spiith was not of sound mind, memory, and understanding. Evidence was given by Charles S. Thomas, barrister and solicitor, of conversations with Miss Smith and the taking out of a protection order, the purchase and sale of shares, and the drawing of her will. He was fully satisfied that she knew what she was doing and knew the full purport of the will she executed. Other evidence was given by Claude Wilkins, law clerk, about conversations when the will was being prepared and when it was signed. The Rev. Frederick Norman Taylor, vicar of St. Luke’s, said that Miss Smith had lived in a parsimonious fashion, and had dressed poorly. Her mental condition always seemed to him to be normal, and her memory was good. Duncan M'Kenzie, a detective, said he questioned Miss Smith about a man who had obtained money from her for shares, and who was subsequently charged in court with obtaining £125 from her by false pretences. Miss Smith’s statement and her evidence In court had been clearly and coherently given. The hearing was adjourned until tomorrow.