HUNTER WILL CASE

Hokitika Guardian, 8 October 1931, Page 2

HUNTER WILL CASE

THE TRUSTEES’ APPEAL

(By Teleyraph—Per Press Association)

XVELLINGTON, October 7

The hearing of the appeal of Cyril Paul Hunter and Thomas Percy Hunter, Trustese of the estate of the late Sir George Hunter, against the judgment of .Mr Justice Reed, delivered Inst April, in the Hunter will ease, commenced before the Court of Appeal to-day. Lady Hunter and her daughter, Elizabeth, were named as respondents. On the bench are: The Chief Justice. Sir M. Myers: Justices Adams and Smith. The Trustees last year brought action for probate in the solemn form of will of Sir Gei'oge. dated Kith. November. 1929, with codicils thereto on the 7th. of April, and the 27th. of June, 1930. Lady Hunter opposed probate on the grounds of want of due execution and testamentary capacity, and counterclaimed that the Court should pronounce against that will, and another dated ]2th. October 1929, and should pronounce for an earlier will, dated 21st. August 1929, and the oodicnl thereof of 15th. December, 192(5. After a lengthy hearing, extending intonnirtently from 19th. November to 2()t.h. February, Mr Justice Reed gave judgment pronouncing against the two later wills, and in favour of the will of August, 1924, and the codicil thereto. By that will the testator, after bequeathing certain legacies and annuities, left all his personal, chattels to Ilia wife, together with the nett income of his estate til] her re-matriage, reducible to £ISCO per amun on her remarriage, the whole residuary estate was left in equal share for the children of marriage. The trustees are now appealing from that judgment. Air Grey, K.C.. Air Cornish and Air AVilson are appearing for the trustees. All' Watson and Air James alien r for Lady Hunter, and Air XV. Perry for Elizabeth Hunter. When the ea c e was called, Air Perry, for Elizabeth Hunter, said that on TVli. of July. -Lady Hunter, in pursuance of an undertaking given by her i,n the witness box in the Court below, had executed deed of covenant, whereby she covenanted, if called upon, to pnv to Hie child between the ages of 19 to 21 one-tenth of the income of the estate, and after 21. one half of the income. ,As the child was adequately protected under both wills of 1929, and Lady Hunter had executed the deed, if the 1924 will stood me child’s intere ; t was protee’ed whatever might- he the result of the appeal. Accordingly, he asked leave to withdraw from the ease, thereby saving expense to the estate. T.eavg to withdraw was given him. Air Grey, K.C., for the appellants, was still opening his cnee and reviewing portions of the voluminous evidence when the "©ourfc adjourned.