WOMAN’S WILL CHALLENGED

Evening Star, Issue 22463, 7 October 1936, Page 8

WOMAN’S WILL CHALLENGED

TESTAMENTARY CAPACITY IN QUESTION

[Psk United Press Association.]

CHRISTCHURCH, October 6,

Further evidence for the defence was given in the Supremo Court to-day during the hearing of the application to have the probate of a will allegedly made by Elizabeth Smith revoked and tho will declared null and void. The plaintiffs were Olive Judge and Ivy Cookson, both of Christchurch, and the defendant was tho Guardian Trust and Executors Company of New Zealand Ltd.

Percy Harold Harris, manager in Christchurch of tho South British Insurance Company and of the Guardian Trust, and Executors Company, said that in 1933 he learned that Miss Smith was disposing of South British Insurance shares to the Investment Executive Trust. He saw her about it and she agreed to give the Guardian Trust power of attorney to administer her affairs. She also agreed to see Mr C. S. Thomas, solicitor, with the object of taking action to recover the shares. Witness learned that Miss Smith had been selling Investment Trust debentures and buying mining and flax shares, as well as shares in Publications Ltd. An action for the recovery of the shares was not launched because Miss Smith, after leaving Mr Thomas’s office, was prevailed upon by a share salesman to stop the action, and she accepted dividends from the debentures in the Investment Trust and also bought new debentures. The head office then suggested that Miss Smith should be brought under the Aged and Infirm Persons Act “ to check her financial atrocities.” Witness described interviews with Miss Smith concerning her will. Mr O’Leary, for the applicants, cross-examined the witness. “ What would be the commission for the Guardian Trust in administering the estate? ” he asked. Witness: The rate is per cent, on the revenue and 1 per cent, on the capital. Mr O’Leary: Under this will there is a perpetual trust, which, so far as we can see, the Guardian Trust will administer for evermore?—Yes Mr O’Leary: This will means a very substantial benefit to your company? —Quite. Mr O’Leary read. extracts from letters written by witness to his head office. The extracts were as follows : July 6, 1933; “ She is getting senile and it is pitiable that there is no one to care for her.” July 18: “The old girl is getting just a little bit cunning and has not been quite frank regarding her affairs.” July 29: “Recently she has been making some foolish contracts behind our backs, and Mr Thomas is of the opinion that she is incapable of instructing him.” . August 3: “ Her transactions ot late behind our backs make us convinced that she must bo classed as an infirm person. There is every hope of its being proved that Miss Smith is not capable of looking after her own affaAugust 25: “ The way I should care to express myself would perhaps be unprintable, so I will keep calm. Tho old girl has absolutely. dug her toes in, and bow we are going to get her out of the mess she has placed herself in I do not know. I spoke to Mr Mosley yesterday afternoon after the court case, and although 1 could not draw anything definite from him there is no doiibt the old girl convinced him that she is not safe to be left on the high road.” , January. 18, 1934: “ I am more than ever convinced that the old lady i s irresponsible.” March 16: “I will now make an effort to get Miss Smith in a proper state of mind for the making of a will. I propose to give this early attention, and, provided she will come up to scratch, to get Baxter to witness her signature.” Mr O’Lcarv asked further questions about tho will.. “At the time this will was made did you know that Miss Smith was in the habit of overhauling garbage tins ? ” Witness: Yes. Mr O’Leary: Did you know she was in the habit of sitting in tram shelters until late at night to avoid using

electric light in her home?—l had heard it. In another letter witness had written that the matter of getting the will signed was urgent. Mr O’Leary: Why were you So interested in the matter?’ What did.it matter to you whether she died intestate or not? Or did you think that if the Guardian Trust did not get the estate the Public Trust would?—Yes. That was the point. The case stands adjourned until tomorrow.