PROBATE RECALLED

Hawke's Bay Herald-Tribune, Issue 36, 26 February 1937, Page 5

PROBATE RECALLED

■Pres* Asiociation. ■

Unusual Will Case

(By lelegniuli—

WANGANUI, Last Ni®ht, An unusual. action was heard in tbe 6upreme Court this afternoon before Mr Justice Smith in which Rose Ellena O'Keefe, Taihape, and the Public Trustee applied for recall of the probate of the will of the late Francis James O'Keefe, dentist, Taihape, and forinerly of Hastings. Defendants wero Frank Punch, sawmiller, Rangataua, William Fitzherbert, solicitor, Palmerston North, Herbert Punch, fattner, Pipiriki, and Francis Elaine O'Keefe, Taihape, an infant. Plaintiffs were represented by Mr D. C. Cullinaue, Feilding, and Mr Graham Crossley, appeared for the second-named defendant, and Mr J. M. Hussey, Wanganui, for the infant defendant. After hearing evidence His Honour said it was quite obvious that the signature to the will had never been properly attested, and he made an order xecalling the grant of probate to the defendants' name in the action other than the infant. The costs of all parties -concerned are to be paid on the low©st scale out of the estate.