SUPREME COURT

Hokitika Guardian, 22 September 1931, Page 2

SUPREME COURT

• TherSupj'ew©' sxttiags: ; 1 tiffin Adams. ; /._•• '•••' v - ' ■•••'■••:.'<•: ! '.; ; :-.' f /. . ..V - . •;•* : • • ' t ,*• , r . I •:.• ;• V*. Y;.'.y / . '»',..* : * •'' X/ -' /''• .'■ •INvMVORIGfi:;.-, riiv'Xv'oX . Ann© ' (IVEr F/ A-.' Kitehm£-'• ham) ‘{ippiifci,'foi , ' , a.' jlecTee absolute, against The application, was the'* applicant- was ' granted a - dem|&; absolute and /given; pernianent' custbdy'i of the child. - 'w-ri riri \'X V »X-.,;.v ■ A SETTLEMENT." “ •' :&■>■ standi and. Co.. (BjoWtikaL C>f r i J.. W. - Hannah) applied id a civil. action for an- order; for sale of certain lands »gairis‘t 'C^.rles ; ,Senior, /hotel' keeper, Thylorr'ille, whp was represented by Messrs J. A.'Murdoch and F' A. Kitchinghain.- ? v-XX"'. ■■ ’ Afr Hannan submitted to His Honor the terms' of: an agreement which Had been arranged between the plaintiff and defendant j .MessrsKitchingham and Murdoch agreed t© the settlement,.;'': ■' / '"•/’. .-. v - His Ronor directed tbft. each party should pay their own costs//.-,. PRISONER SENTENCED. Joseph Michael . Clarke, who pleaded guilty tb .a oho,rge of brealcing, entering. and, theft >at pun pan. • Ltd,i : o»\ July 31, sixteen watch®? to the vg)iua of u'®f®. app&arej. for rantcny. v M ,.. .-I . Hia JlOpor said thut the prisoner had been dealt with in " : o>rirt;on ' upwards of 20 occasions .in a list which began ili If®)' and cpptinHed. dhf-il 1?31Amdpg' these ,f?uiG or fiyo; charges' of theft and the rest were for drunkenness... tynd aided offences. Mr McCarthy bad said all that, could be said for'the prisoner.! The best thing that- wuld.be don© would hfclto place the prisoner in the hands of the Prisons Board, by matyW an order, that lie should .be detained r for treatmenft for a yTh* 9 prisoner should/ i unders'tand •; that .; his sthy in prison ..-wqfild depend wljplb; Ott’. pri^ona-Boarti’s /ffipWan ou the advisability pf j him. / , prisoner would bri tainad for , trqatniypti - fOT a period/'not* ■ - ' X/riri/KX-X". ; v/’' A WIPP. : / The'bearing• of./* dbntested?application J far d 4f the Will of James Maori / GbliY, i/ffia yfrqW ThprsdayYd'he- dot probate, Mrs A J Moo no (formerly Annie Fitzpatrick) . ex|cu;tri|:/of f the/rijstate,. rigs /A v Miifdoch, ■ with him >fx -Hajman....->Jt - £. V-& Kitchinghaih. ripped the contesting .caveator, /WtUiain, C’Prien of .Ira*. lau4t^V"/-«v' r? "h'. ;["\l '/*■■■’ Mr Murdoch mas. applying' for "on cyder for the Will dated April 17 J 1930, " id,favour apd‘Annie ptji;*' pitrj.ck. nieces of the h 6 ! nuwie.'ahs.olute, ..lUe/;;. caveator .Mteg^ iftiduc influence ohd mental ■ Thomf s '• Patrick'.' 'Bya^. 4*w. dork, ‘.when fee a .feieyk by Sergeant and. CJiidk, "solicitor in frfeymouth,; he (had - kiibbwti/ the v late Jamb's. ind 909, 1910 andHSli. had reen the .;d6c r \ < )®edv> on April; Hannan. and S&ddon. O^Bnen< .had: been accompanied. by OunstabTe Rodf ara . and the two., Miss' Fitzpatricks, lyitriess . had had some, eonv.epsatidfi with ( - dat? Hannan ? y work', on hisihnlfv.af’-' end then.- O’Brien had signified hi 9 deeife to have a- wiU prepared,/’ It had. teen, a good medy years since witness. ';QK>k6it"'to | "P?Bribn, hut; O’Brien lad remerfibered -Kitn.' O'Brien had f,l>cA:en qnite' clefarly.' Witness -had n. ked O'Brien to whom She .wished to have hi,s money. O’Brien hpd. repli'wi. “Annie and ifeg.”./Witness 'then- drafted a will in accordance -with'/the In-./ etraotions that O’Brien, gave him., Tvitness had read the will, which provided for. the monpy to bd distributed tetween the: two -Miss Fitzpatricks,' over to • O’Brien, ' who- ■ had signincd 1 hat ;it was correct, and the deceased, in the presence of Mr MeGinley and ) ittess, ; had signed th© will. O’Brien's signature ivas very good. '/Nb' bne hadsuggested anything to O’Brien ’ about' tlie will while he -had been, in the ofhfete. There had been nothing Z .that was not nornial in the manner of the a .-ceased. The will had been filed away in the strongroom, O’Brien;., having asked witness'.to keep the '.will in custody. : -v . ••••• Trf-.his Honor: There had ; bpen rot. jngt-o suggest. mental' ineapaoify. O'Brien had been very clear- in his ihr str.ictions, and J witness had noticed n 0 change in liis mentality, from when he fii’st knew him. To- Mr Eitehingliam: -Witness bad known, -the Misses Fitzpatrick for abo"t ton years. They had been Beneficiaries under the will of the late; Jap?&s Fitzpatrick, of which Ma-rgaret- < Fitzpatrick had beeni appointed executrk. Neither O’Brien nor, any of, the -nc.rtv had mentioned the visit to the , •Public Trust OflSce. and O’Brien bad ! said nothing'about any previous will. There had been no discussion about who Should be executrix. j: To Mr Murdoch: The estate consist- ‘ ed of £1.892 7s Bd, in. the Bank. . , Cyril Redmond MeGinley, law clerk, ’ said that on April 17. O’R-ien, acoom- . anied hy the two Miss Fitzpatrick’s and Constable Rodgers had gone tori Hannon and office. They . had gone into Mr Ryan’s room. Mr Ryan had brought a draft of the will, typed it, and taken it back to Mr Ryan's room where O’Brien had, after the will had heen read out to liim. signed it in- the presence of - witness pud Mr Ryan.

/ * Patrick“K.ane,.accountant -at the /Bank'of: New'•■ Zealand/ in. Grey mouth /said /that/he lutd kiiovhi O’Brien, / add : on j ; Mjt-|jrl-;tho iii/dhel Bank/ He .wo^d: <3e^strHb^.-J3|‘ BriCn -as simple, i>lit /far i mbhCy/ lwas t concern#!,• /he kneW'.-. wljiat'' h e ■ was doijig., Th e -:; signature df.thp ivilkof .Apnl 1 7 ,. wais tyjpi- , About' July,,.'7,’;* 1930 r ,/:<k-B.ri#o r had Signed the renewal of on fixed deposit. In NdVember ~1030, witness bad passed p cheqve of, for, income tax. f formerly .Mi|s Apme S®?d that rile had formerly/' Jived /With iher, mother at Maori GUily,/ but' ehdnt 30 years ago had lyibpved /to : Wallscnd, James O’Brien t]ben goipg td fn at -Vtapri Gully/ O'Brien i;, y .fregu|mtly visited l 'Witness and-she bad h«r ; sister,:! visjted him. 'd#d/to/&t»y At witness’s house, on .h^s • way/ ,to sGreymbut|i. When vvitness, .'her! 1 sister,- 1 Gpnstable Rogers and O’Brien hhd gopd to tlie Public' Qffide] tfiey had,/ been, tpld that they jkuyld havejo- wait and see Mr Bell. Tp^y 4 h%d/ return#! .and, O’Brien had spoken to Mir 'Bell about ‘making the kill. Mp Bell bed*said that he could not make the. will ] without a doctors certificate but had' said that a lawyer ■ might -make - one, .O'Brien had then suggested going to Haunnn and Seddoh’s office, Witness hfw! never sug| gested to O’Brien haw lie should leave his jmotoey . . Her. uncle hgd been some- '' U’hat Peofißor in Ids manner, and/ hls | speaking voice was very \ loud. Wit. dhPA .Inoticed' no difference in / Q'Brieu fi;cm..hl» usual self cm' the day : ttyat the : will WC|S mnd?. That 4jiy i had .been 1 the only' day -that witness ' had evert beeni‘in the public Trust | Office, Witness'? .sister hfid been bed? ridden for "twelve month? and opuld . notj give evidence/ •>s>: Mr <’■ that O’Brien bad > sister at Rumitrsi,, and had'- never hea.rd mention of , a nephew,/William O’Brien, of Ireland^ ’ iind fiad Dover known of him writing ' hather uncle, or her writing to him., / '.'Witness said that she had been ’ very; - surprised about O’Brien’s firstwil) leaving .half the estate to /the hephew ; M 7 illitim of ; Ireland. OBriqn’s r ’ httt; ha'4V v b#??f ; V tumbledown,... disrepjitgi\d dirty* ' ■ ETer uncle had never !' ' /vefy highly';.of, }rr Rogers.; . • .vrithest,’-/iwri sister and. • O’Brien •’ h|d gonh, into the Public Tpnst Office, ,G)E|eiOh\haif. ’told the his paipe. • When , 1 Mr' Bell had )‘efiu«d to-make the will, had fold Mr Bpll ’ Wfio @h(>:: and . her sister were. W|ti/ hess had'/.not -siated ' that O’Brien wislfecjto . alter Ids will, and she did '■ ndt /tidnk /her sister '’■'had done so. 1 O’Brien had ? ao-t 1 been 1 wandering firpnnd the office, an,d had known perfejjtly/: wjiat ; lie i; was , doing* Neither / witness // upr' '' her *> sister had led O’Brien tb' the/ counter. After , the ' fithprai heir: sister;, and Mrs Murphy . had; gdne t-o the / Public Trust Office : 'and,, heard the 1920 will read out. ess’./and ' vherV sister * had . to and . Seddon’s, I'fllurphy'-/goinig-with her son and ;■ to ;the Public / Trust Office that there was a later •jvill’i-St 'Hianna4 end Seddon’s. Wit- .. u|»s an agreement with | ]\jh*s‘Mhnpliy, and/had arranged to give her 'whjS,t ,«he w&s ; '.entitled to under the first' will. What witness objected j . 'to Was the, money going to the nephew in jreland.. Witness , had never seen O’Brien , muttering or throwing his arms about. O’Brien had not thrown /hi®/; gyffis around in; Hannan and Bed* don’s, office*' After June l; fc 1929, her ‘unele, Jigt-U,- his death, had resided at Kufrtara. , He ba<! -visited witness once or/ twice. She; had not heard O’Brien ask tos«ft a Mr Say well, at the Public Triist Office, and had not seen her [sister touch his head as if to sigrflfy ,}#> the ri®rk that O’Brien was “not quite righri” Witness': had not said [ that O’Brien, could not be made to understand that Mr Saywell had reI tired. 1 and that .if-Mr' Bell said "Vos was I Air Saywell it would have been all right. JNitness .also did not think her sister had). All witness heard Mr Bell say was:'- ‘’Do you want to make a will?” and\ “I .can’t make it tor you, ’’ and Mr Bell had also said that | O’Brien would have to get a doctor’s certificate. \ His Honor intimated that he would look more carefully through the evidence befpre pronouncing one way or the other* It was possible that in that wayJie might find some new light. He would reserve judgment in the mean- ' tims. Possibly he might send a short memorandum; if satisfactory to oounsej, but he might not da that.