WILL CONTESTED

Evening Star, Issue 22464, 8 October 1936, Page 2

WILL CONTESTED

TESTAMENTARY CAPACITY AT ISSUE [Peb United Press Association.] CHRISTCHURCH, October 7. The hearing of an application to have probate of the will allegedly •nade by Elizabeth Smith revoked and he will declared null and void wasroaimed in the Supreme Court. The ilaintiffs were Olive Judge and Ivy dookson,. both of Christchurch, and the defendant was the Guardian Trust and Executors Company of New Zealand Ltd.

Mr O’Leary, K.C.. opening the case f-'or the plaintiffs, submitted that there were circumstances about the making of this will such as to excite the suspicions of the court. First, •'an order was made in respect of the testatrix under the Aged and Infirm Persons Act six months before the will was made, rnd she was the subject of an order at the time the will was made; secondly, section 26 of the Act provided for the confirmation of the will of such a person by the court; thirdly, no independent instructions were given by Miss Smith to her solicitors; fourthly, the instructions for the will came from Mr Harris, who represented the Guardian Trust Company, which benefited immediatley and m perpetuity under the will. “I do stress at this stage,” said Mr O’Leary, “ that there was a great want of care in the preparation, of the will. The solicitor concerned should himself have taken the matter in hand. He should have had a medical examination made, and should have gone to the court under section 26 of the Act.” The first witness_ for plaintiffs was William Sidney Smith, artist, of Sumner, nephew of the testatrix. Ho said he had known Miss Smith for about 60 years. For 20 years he visited her every week, and for the last three years once a month. He had seen his aunt dressed in filthy rags in strange contrast with her younger days, when she was very dainty, neat, and clean. Mr O’Leary; She did not look after herself personally? Witness: No. She was in a shocking state. Witness said his aunt had very

‘'•‘■tie education. Her in later years seemed to be failing fast. Her speech was disjointed and inclined to be rambling and dreamy, [t was utter nonsense to suggest that his aunt had formerly been a good business woman. She seemed to suffer under the delusion that she was poor. Recalling references to Mr Hams hy the testatrix, once she said to witness, “ Harris is collecting dividends on my shares. I don’t know what he is doing with the money, and I don’t know ■where I stand.” Later Miss Smith said, “ Harris wants me to hand my affairs over to him for all time.” Witness said to her: "No. I wouldn’t do that.” Later, witness said, his aunt said she had signed a paper. Her account of it was rambling, but sho said something had happened "in camera.” Sho told witness, “ The judge asked me if I understood what I was doing, and I said ‘Yes.’” Witness asked why she had said this when she Lad not understood, and she replied, “ The judge was so nice I couldn’t say no.” Before the will was made the testatrix said to witness, “ Harris is worrying me about a will. I don’t know what to do. What will happen if I don’t?” Witness answered that without a will her money would probably go to relatives, and she appeared to be satistied with this probability. After the will was made witness gathered that she was not satisfied. Witness said he was sure his aunt had no idea ot the extent of her estate.

Ivy Cookson, one of the plaintiffs, said she received £IOO under the will. The cheque she received she returned to the Guardian Trust Co. The accumulations in her aunt’s house were chiefly rubbish, skins, bits of bread, bottle' caps, pieces of rag, string, and paper, and very dirty handkerchiefs. Witness, who visited the house frequently, never saw a fire there winter or summer. On one occasion Miss Smith said, “ I didn’t want to make a will, but Mr Harris wanted me to.”

Mr Barrowclough (for the defence) : Did she complain about Mr Harris? Witness: She said he bossed her. Witness added that Miss Smith had said, referring to Harris, *‘ He thought it was.his money.” The court was adjourned until tomorrow.