A WILL CASE

Hokitika Guardian, 17 July 1929, Page 3

A WILL CASE

A UCKLANDER BENEFITS. ESTATE OF £40,000 i AUCKLAND, July 15. A fortune of 200,000 dollars conies to a well-known Aucklander, Mr Andrew Gray, by the termination in his favour in the Superior Court of Calij forma of a legal action taken to revoke a will naming him as sole beneficiary and executor. The will was made by Gearhart H. Engels, formerly a sheep farmer in the Manawatu, who retired to San Francisco and died there last year, aged 87 years. Reporting on the case, the “Star’s” San Francisco correspondent writes as follows: “A bitter conflict raged in the Superior Court in,San Francisco before Ju«igo Thomas F. Graham, when ■-.lter eight months of preliminaries, there was opened a contest to the will of Engels, a well-known New Zealand sheep raiser, who cut off his relatives and left his entire estate to Andrew Gray, an old New Zealand friend and business associate The petition to revoke probate of the will was filed in San Francis.o last October 22nd. on uelialf of sixteen persons, claiming to He •heirs.-at-law. At that time 'tho fortune bequeathed to Andrew Gray was placed at a million dollars, and the will was admitted to probate, with Gray appointed administrator. When the contest was commenced in Judge Graham’s court the fortune was estiamted to be 200,000 dollars, a large portion of it being in securities held hv San Francisco hanks. The contest was waged by sixteen cousins, led. by. Lambert Ter Brake, of Holland, and Anton Braverman, of Los Angeles. The contestants asserted that Engels made a trip to Holland in 1921 for the special purpose of rounding up all his relatives and making a will providing for them They do'laird he did make such a will, which document they sought to have admitted to probate. They contested the last will of Engel* executed just before his death on April 28th. 1928, in ,San Francisco, on the ground that he was of unsound nrindat that time. Contestants were represented by Attorney John C. Birnie, and the estate by Nat Schmulowtz, both leading counsel in California, and both were suported by an array of assistants.

“Andrew Gray was a witness before the jury and testified of lrs friendship with Engels. He said the last time ne saw Enge.s was in Auckland in 1927, and that the following April he received a cablegram from Engels to hurry to San Francisco, but by the tune he, arrived Engels was dead. He admitted making a statement that lie knew of no reason why Engels should nave cut off his relatives.

“Mrs Fred M. George, lessee of the Georgian Court apartments, 1155 Jones St,, Sail' Francisco, in whose home Engels resided, afforded some humour with her testimony concerning Engel’s peculiarities. Engels frequently ali titled to a romance of his early life, talking of it in various ways. He also appointed her his executrix until she turned over his affairs- to Gray. This document was ciaced April 16th. 1928, and was signed in the presence of Mrs Hannah M. Gibes, the attendant nurse. What was described as the second part of this document was read by Mr Schmulowitz as follows: “As a codicil to my will I wish to declare and bequeath my entire estate to Andrew Gray during his life, and at his death to go to the college as before stated. He, the aforesaid Andrew Gray, I appoint as my sole heir, being in sound mind, and I sign my name to my last will on April 16th 1928. Signed G. H. Engels. Witnesses : Mrs George, Fred oteorge, Hannah Gibbs.’ “On the sixtTT day after the contest commenced, Judge Graham stated that a motion for non-suit had been granted „y him, which meant that the contest had been dismissed for laak ol evidence and the will was established as a valid will. Accordingly Mr Gray was pronounced sole beneficiary under the will, and will become possessed of an estate calculated to be worth at least £40.000. Air Gray was warmly congratulated on the outcome of a bitterly contested suit.”

Inquiries in Auckland throw no light on the college mentioned in the codicil. It was thought here that, the Engels’ estate was willed to Gray absolutely.