SUPREME COURT.

Hokitika Guardian, 21 June 1920, Page 3

SUPREME COURT.

MONDAY, June 21st, 1920. the diedrichs case. MOTION FOR PROBATE. A SETTLEMENT AGREED TO. ( Before His Honour Mr Justice Hordliinn.) In re the estate of Henry Gerhard Diedrichs, of Kokatahi, settler, motion for probate, against which caveat had been lodged. Sir John Findlay, K.C., with him Mr Mui'doch, for the executors, and Mr C. P. Skerrett, K.C., with him Mr Sargent for the caveators. Sir .J. Findlay intimated to his Honour that the parties had come to a satisfactory settlement. Sir John further asked that as it would take some time to put in writing tlie terms of the settlement, that the ease be adjourned till 2 p.ni., when he would formally prove the will. His Honour agreed to the adjournment asked for. In reply to h'is Honour, Sir John stated that the settlement included, the action by Edith Brown and others v. William F. Diedrichs for an originating summons for direction of £8,458 10s sd, moneys held in trust by the defendant. The Court adjourned to await the return of the jury in the Reefton accident ease. AFTERNOON SITTING. His Honour resumed his seat at. 2 p.m. . In re estate of Henry Gerhard Diedrichs. Motion for probate, to which caveat had been lodged.

Mr C. P. Skerrett K.C. intimated that the case had been settled to the satisfaction of his clients. Ho also wished to state that no reflection cAdd he made on the conduct of Mr and Mrs W .F. Diedrichs. They also admitted the testatory capacity of the testator. Sir John Findlay K.C. said it would lie necessary to tend evidence of the signing of the document. James Park deposed he was a solicitor residing at Hokitika. He knew the deceased front 1883. He knew his capacity to make it will. At the time of the making of his will he had fit understanding of the nature of hi s business. He had a recollection of the property he meant to dispose of. He had the capacity to consider the nature of the documents he was signing. He was quite clear in his mind. Witness was one of the two attesting witnesses. Witness, in the presence of the testatoi: and the other attesting witness signed, as witness. The testator signed the will first. It was done at the office of witness.

Mary Fretilin Wilson deposed she was the wife of Wiiliam Alexander Wilson, clerk of Hokitika. She attested the signature of the late Mr Diedrichs will on 12th December 1918, executed at Mr Park’s office. The testator executed the will in both Mr Park’s and her presence. Witness subscribed her name (Mary Corley) in the presence of Mr Park and the testator.

Sir John Findlay stated that was all the evidence. The remainder of the evidence was by affidavit.

His Honour stated lie would make the order.

Sir John Findlay said ail the other applications were included in the settle, ment.

His Honour added that they be accordingly struck out. The Court then adjourned to 4 p.m.