ALTERED WILL

Hokitika Guardian, 1 November 1930, Page 8

ALTERED WILL

SYDNEY DOCTOR DENOUNCED. JUDGE’S COMMENT. The aftermath of the Massy will case in the New South Wales Courts, during the last few weeks, has provided a. first-class sensation in medical as well as legal circles. Mr Justice Davidson, in his judgment, passed scathing remarks concerning the evidence given by one of Australia’s leading alienists. Dr. Chisholm Ross. The judge declared the doctor to be a “disgrace to his profession,” and “a menace to tile public.” The Massy will case has become famous in the courts as being the longest case heard in New South Wales for many years. The action arose following the death of Mr Gerald Massy, a wealthy pastorafist of New South Wales. Two years before his death he married a nurse who had been attending him during several of his illnesses. When the nui'se, his wife, applied for probate of' her lute husband’s will to the Supreme Court, a nephew of Massy’s lodged a caveat against the granting' of probate, and so started the marathon will case. WIFE’S CONTENTION.

•Briefly, the evidence given by Mrs Gerald Massy was to the effect that her husband, he was old and frequently in ill-health, was at the time of his marriage with her in a normal, state of mind. A f ew months later, when he altered his wil in r;er favour, ho was still normal, and it was not until the last few weeks of his life that his reason began to fail. In this contention she was upheld by Dr. Chisholm Boss, the official Government “visitor” to the reception house, and the recognised authority on mental disorders. The doctor, in his evidence, said that when he came into contact with Massy, he found him in a sane state, and quite capable of acting in business affairs with sanity. On the other hand, the lodgers of the caveat alleged that Nurse Heath, later Mrs Massy, had taken advantage of Gerald Massy’s state of mind to induce him to marry her, and then latei alter his will in her favour. During their married lie, it was further alleged, Mrs Massy would pot allow any of her husband’s family access to him. During the course of the hearing nearly 50 witnesses were called and -.<e transcript of the evidence given filled 3000 typewritten pages. The leading counsel on both sides occupied nearly a week each in tlieir addresses to the court, and the hearing of the case occupied 16 weeks. Counsel’s fees and other expenses are estimated to have amounted to £IO,OOO. “DISGRACE TO PROFESSION” In giving his verdict, in which ho refused the granting of probate of the will. Mr Justice Davidson passed scathing’ remarks regarding the evidence given by Dr. Chisholm Ross. He declared that Dr. Ross was “a disgrace to his profession” and “a disgrace to the public,” because of the fact that |,o bad stated that Massy was capable of handling his business affairs with sanity when, actually, declared the judge, Massy was, in the opinion «l the court, totally unable to understand or conduct even an ordinary conver-

sation. Such a declaration against one of Sydney’s loading alienists causad a profound stir in every quarter. Dr. Ross has given evidence in nearly every big trial in which medical evidence of the state of mind of accused or witnesses has been necessary. On many occasions his evidence has been the mainspring of the case either lot the defence or for the prosecution. A special report has been called lor l,v the Attorney-General, and be Ims also ordered an inquiry to be laid by the Medical Board of New South Wales Meanwhile Dr. Chisholm Ross Ims declined to make any comment, other than that be cannot understand the remarks of the judge. “I must bow before the words of a Supreme Court

judge,” he said, “but I welcome the opportunity of appearing bet ore the Medical Board.”