A WILL CASE

Hokitika Guardian, 14 June 1929, Page 1

A WILL CASE

CODICIL HELD GOOD. v liy 'telegraph—press Association). , AUCKLAND, June 13. The mistake of a testatrix in tearing up an important codicil to her will, under the impression that it was invalid, resulted in the matter being brought before Mr Justice Blair lor rectincation in the Supreme Court. The will in dispute was that oi Maria Louisa Petersen, a widow, who died last October, leaving an estate of about £9DO. In a will dated June 20, 1927, the deceased left £10A) each to her nephew and niece in Denmark; £250 to the Auckland Council of tho China Inland Mission; £250 to the Auckland Council of the Poona and Indian Village Mission; £250 to Lho Sydney Council of the South Sous Evangelist Mission; £SOO to assist tne students in training at the Bible Training Institute; and the residue to tho body commonly known as the Newmarket Church.

In a codicil, dated September 29, 1928, the testatrix provided that if her niece and nephew could not be found, part of their share should be used for Mr Petersen, a student at present in the Training Institute, ‘‘to carry the gospel to Denmark, ’ anti she also left £SOO to her attendant, Mrs Page. This codicil she destroyed on October 6, under the impression that it was of no effect. The Executors asked the Court to pronounce the will and codicil valid, and to grant probate of both. An accountant, who drafted the codicil for Mrs Petersen, at her request said she signed it in the presence of himself and two other witnesses. She tore it up on his advice, as a legal friend had told him that the document would cause legal trouble. He advised her to call in a solicitor at once to have a new codici. properly drafted, but she died before she could do this. Recent communications to the nephew and niece in Denmark had brought no reply, ano tho testatrix doubted whether they could be traced.

No objection to the granting ol probate of tho will and codicil was offered by counsel for the Newmarket Church.

In deciding to grant probate, His Honour commented that the attitude of the Newmarket Church reflected much credit on it, and showed that it was imbued with a proper Christian spirit. The old practice in these cases was to leave tho decision on the facts to a jury. It was dear that the testatrix had no intention of revoking tho codicil when she destroyed the document, but she did so in order to have it properly drawn. ■ The costs are to be paid out of the estate.