DISPUTED WILL

Hokitika Guardian, 18 November 1931, Page 6

DISPUTED WILL

AFTERMATH OF TRAGEDY

(By Telegraph—Per Press Association)

WELLINGTON, November 18.

Probate on the last will and codicil of John Brown Westlake, late of Pahiatua, was sought at the Supreme Court before his Honour, Jlr'Stich MacGregor. Two counsel appears io r Ihlie 'PuWie trustee' an'cL two for."the defendants, Catherine Louisa Westlake and others.

. The action recalled a tragedy on a farm. A party were ait Himitang; near Foxton about two years ago in which Westlake and others lost their lives.

Counsel for plaintiff said the will was dated August, 1915, and the codicil July, 1928. The testator died on Sept. 6th., 1929. His age was about sixty-two. When a house he owned at Himitangi was burned down and lie and other occupants were burnt, probably after some had. met their death by other means. The occurrence was subject to a searching coronial inquiry, hut he understood ho certain conclusions were arrived at, except that Westlake was one of the victims.

By the terms of the will, the testator made an allowance of £2 10s per week to life.wife and £1 10s a wcck to a married daughter, and subject to tlio-se payments during the lifetime of the beneficiaries, the estate went to the Salvation Army. There were tvro other 'children, a daughter and son, neither of whom were given anything under the will. «.

By the codicil, the wife’s allowance was increased to £5 and the daughter’s to £4. The distribution of the capital and remainder of the estateremained as before for the Salvation Army. • ’ Counsel understood that on the date the codicil was made, the testator was in a. private hospital at Pahjatua, • waiting to undergo an operation next day. In an earlier will which might he referred to during the case, the testator' had left his estate, after providing for a life interest to his wife, to his children. The defence to the plaintiffs, claim denied it was due to the execution ofe the will hut a substantial defence was the allegation which counsel read that at the time the will was made and all the time thereafter, the testaor was of unsound mind, memory and understanding, and was incapable of making a- valid testamentory deposition, by reason of the fact that his mind ,«was affected by, and subject to insane' diffusion® regarding bis Avife and children, and an insane antipathy to them. Proceeding, counsel said the estate was valued at £29,000, based on the values of two years ago, but probably was worth less now. ‘

THE DEFENCE VIEW. WELLINGTON, November 18

The story of misery and suffering on the part of Westlake's wife and children was told by senior counsel for the defence, the testator being described as a man of the utmost meanness. His only God was money. Evidence would be given that be had threatened to murder his family and particularly his younger daughter, Grace, said counsel.