Remarkable Will Case

Hokitika Guardian, 10 February 1922, Page 3

Remarkable Will Case

ADDITIONAL EVIDENCE: AUCKLAND, Feb. 7. The hearing of the Hartley will case was continued at the Supreme Court to-day. It waß an action to “propound in solemn form” the will of John Hartley, ari oid riian of Jio kfiowii relatives, who died at Puimkolie, leaving property valued at about £6OOO to Clyde P. Ludwig, the parties'. being Glyde Powell Ludwig v. .the Public Trustee: The plaintiff, Clyde I’owell ' LudVyig, aged 21 years, deposed, that, he had been ot/goud terms with the deceased, whom lie assisted on occasions with his, farm work. On the way to the hospital iu the motor, Hartley said to "him. “You will look after my property all right?” Witness replied: “Yes.” Hartley said: “My word, you are the boy.” i Replying to Dl* Fitchett (wlu) ftp* peared fol‘ the defendant), plaintiff, who had previously traced his family history to show that he was riot ol German descent, said lie had never heard that deceased had referred to his family as “German spies,*’ alid to his father iis “bid Kaiser.” Dr Fitchett said Ur Campbell Smith, as executor, applied for probate of tlie When they learned about the disposition of Hartley’s property, setters in the district were very much dissatisfied. From their general knowledge of the relations betweeii the deceased and the Ludwig family, they thought it extremely improbable that the old man would leave everything to the plaintiff. They communicated with the police, and several officers took statements in renting from various people. -Mr Justice Adams refused to grant probate. He first gave Dr Campbell Smith ah opportunity of filing affidavits, and affidavits were filed, dealing with the different statements made. His Honour 1 said if probate was wanted, it must bo by an action to “prove the will in solemn form.” Dr Campbell Smith renounced the executorship, but plaintiff decided to go on with the matter. The Public Trustee was, by order of the Court, appointed to represent the next-of-kin, and accordingly be was the defendant. He bad no interest in the matter, and his sole duty was to lay before bis Honour all information obtainable. Dr litchctt said the medical superintendent of the hospital and the doctors whoeonducted the post-mortem examination would give evidence that the deceased was unfit to make a will. Evidence as to the relationship between Hartley and the Ludwigs would show that the deceased was not friendly with them. He had referred to them as‘“German spies and swine,” and to Ludwig senior ns “old Kaiser,” and there was a feeling that Hartley would not leave all his property to the plaintiff. It would be shown that for some time Hartley’s mental health was failing. He had a bank account at Pukokohc, and he was so unsatisfactory that the manager had to take charge of his financial affairs. The impression of the bank manager was that for weeks and weeks before bis death. Hartley’s mental state was distinctly unsatisfactory, and lie was unable to manage bis own affairs. Moreover, it appeared that the deceased was subject to hallucinations. One witness gave evidence that 17 years ago Hartley spoke of having A wife in Australia, and at another time lie indicated that ho bad friends <>i relatives in tlie South Island. Another witness said that Hartley mentioned, five or six years ago, a sister in the South Island, and some years ago he said lie had received a letter saying his wife was dead. Dr Fitchett mention that the Public Trustee did not know if there were any relatives awaiting the decision of the case before enquiring.

JUDGMENT FOR THE DEFENDANT AUCKLAND, Feb. S. The hearing was concluded at the Supiome Court to-day. Air Justice Stringer, in giving judgment, said he had formed a very clear opinion of the case. In a case of this sort the onus was heavily on the person propounding the will to establish to the satisfaction of the Court that the testator making the will was of sound mind and understanding. In this case, Hie testator, though illiterate, was obviously a normally intelligent man. The evidence showed that when found on Ins verandah on January 9th, Hartley’s mind had been in a confused state, although he had not completely lost the use of his limbs. The next day ho reached and passed in an almost unconscious condition, and a few days latei died. It was impossible to doubt therefore, in conjunction with the medical evidence, that the haemorrhage bad started on January 9th. The weight ol medical evidence made it clear that there would he confusion of mind, which would make it impossible for the jpun to have intelligently transacted what was tlie most important business j of his life. The analogy supplied by j Hr McDiarmid, that of deceased’s ac-j lions being similar to those of a drunk-j e„ man, was most apt. A man in that, condition could not possibly transact j business and would he unable to realise j lis obligations. If Hartley had no re- ; latives, it bad been shown that be bad! had other objects in mind, such as the j benefiting of some institution tor returned soldiers which seemed feasible m a patriotic man. When one came to I consider the actual facts surrounding I the making of the supposed will, it j 1 seemed almost ludrieoiis. Dr Smith admittedly acted with extreme foed.sh„ess but there was nothing to alien that he had been under the influence of j liquor as suggested. H was ev»den* M» temperament that M '"ado m „„t boisterously as >'»< . it ' Thc fact that Hartley bad signed a paper which he supposed to be bis «i , f he were capable of understanding anything and which was afterwards Wn up without any protest from Hartreposed « a mentally capable man ii n .1 ranker to tuke Jiwflj <l paper signed anti duly witnessed ndneb 1 Mo nf hein fr afterwards filled “M l.- «.«• accepted , Or S.mis statement rngntdin* » y this was done, but his action showed ' „r the doctor was not of sound judg- '! ' UI tin regard to matters of tha sort. \7t o mldlvebeen satisfied that I mug before January 10th the deceased was on friendly terms with The young nP n and that lie bad expressed an intention of benefiting him, it would