PUZZLED AND MUZZLED

Hokitika Guardian, 10 February 1925, Page 1

PUZZLED AND MUZZLED

MOST UNIQUE CASE. [by TELEGRAPH —rEll TRESS ASSOCIATION.] CHRISTCHURCH, Feb. 9. The Supreme Court was puzzled fo about half an hour to-day by the apparently contradictory dates of a testator’s death. Tlie case was a civil action, involving the estate of tlie late David Fitzgerald, of AYakanui, near Ashburton, a fanner. The statement of claim placed his death in 1924.

Mr Sim, who moved for an order of accounts against the executor, said that that date was an error, and lie asked that it should be altered to 1921.

Mr Justice Adams said that a bethel document sent to the Court showed that, for probate, the death was sworn as having occurred in 1923. Mr Sim said there was no doubt the testator died in 1921. AA’hile His Honour and the lawyers were speculating as to how the different dates had oeoit fixed, Mr Sim cleared up the mystery by stating that the David Fitzgerald who-died in 1923 was tt cousin of the David Fitzgerald of AA'akanui. His Honour said the incident reminded him of a testator who was declared legislatively dead, but who came to lile again. The ease mentioned by His Honour is a peculiar one, concerning a New Zealand sheepfarmer. He was placed in a private mental hospital in Dunedin. He had made a will. After he had been there for twenty-two years, an act was passed in 1918 setting out that there was no reasonable liopc of his recovery, that his estate valued at £80,700 could not be sold, or be divided amongst- his dependents; that the position was retarding settlement-, and was against public interest, and authorising the Supreme Court, to grant administration of his estate as if he was dead in order to bring his will into immediate operation. That course was followed . Provision amounting to £SOO a year was made in the Act for Ill's maintenance. Some years later, to everybody’s surprise, be recovered, although legislatively, as His Honour said, he had been declared dead. The: case, is unique in New Zealand and probably in the world.