A WILL CASE.

Hokitika Guardian, 18 July 1919, Page 4

A WILL CASE.

PROBATE CANCELLED

WELLINGTON, July 1G

Mr Justice Chapman delivered judgment in the case of Evelyn May McLaren versus Hugh Stanley McLaren and Robert McKenzie, an application for the cancellation of probate granted in December of the will of Neil McLaren. The testator, who died of influenza at Martinborough on November 25th, left an estate of between £-50,000 and £OO,OOO, with an income of over £SOOO. The whole income was left to the widow, subject to her not-ye-marrying. She is 29, and has one young child. Mr Justice Chapman commented upon the extraordinary circumstances. The widow objected to the non-mar-riage conditions, and would prefer to take her share of the estate without; those conditions ralhor than the whole income with. them. After discussing the details of the making of the will, the Judge said that the will was one no prudent man with such an estate would deliberately Lave made, and quoted evidence as to his condition at the time. He concluded that the deceased was not of testamentary capacity when the will was signed. Prohate was cancelled, and the will declared void. Costs of both parties will come out of the estate.