WILL DISPUTED

Hokitika Guardian, 26 May 1933, Page 5

WILL DISPUTED

BY THREE SISTERS GLOVER CASE AT WELLINGTON. (Per Press Associating— Copyright.) .WELLINGTON, May 25. The Glover will case was continued to-day in the Supreme Court before the Chief Justice, probate being opposed by Mrs Grace Dunn and Mrs Jane Cowles, sisters of Mrs Edith Galbraith, the plaintiff, who is applying for probate in the ca.se. For Mi's Dunn it was seated uy her counsel, Mr Watson, that the defence depended largely, if not mainly, on the evidence of tlie late Mr • Glover’s medical attendants. Counsel referred to the fact that it had been j disclosed that in three years Glover' had made nine wills an a four codicils. On .the question of undue influence,, reliance wa 6 placed on (1) the admitted 'fact as to Mi’s Galbraith living alone with the testator during the whole period of will making activity ; (2) the admitted facts, and the facts to be proved, as to the weakness of the testator’s mental condition; (3) the fact, contained in wills that during the whole period of •Mi's Galbraith’s residence with the testator alone, her increased progressively.

His Honour observed that charges of undue influence coming from two sisters, who were themselves trying to obtain from the man at th e time when they now said he had ,no testamentary capacity ; must be carefully looked at, and strictly proved. If they were not proved, there were ways and means of indicating what the Court thought of the matter, whatever the result might be. Mr Watson saT-cT that he was not suggesting that his client was immaculate in the matter, whatever his client -might have desired; though his submission was that Mrs Galbraith succeeded fn getting what she desired.

MEDICAL EVIDENCE GIVEN.

MENTAL DEFICIENCY. CLAIMED. WELLINGTON, May 25. In the Glover • will case,. James Sands 'Elliott, medical practitioner, giving evidence as to the physical and mental condition of the late Mr Glover, said that, in hi s opinion, Glover was susceptible to suggestion off influence in the latter yeai-g of his life. It would have been a v ery easy matter for- Mrs Galbraith to have- influenced her'father. She had to look after him, nurse and mother him. Whether she abused her influence, witness did not -know, Dr 'Elbeit said he knew deceased’s memory was defective; and big brain diseased. His understanding was limited to that Of A young child. Harry Edwards Gibbs, medical: practitioner, : said that, in July, _ 1925, Glover was definitely an old, feeble gentleman, childlike and, amiable, but definitely mentally deficient when' witness was first called in. The case will be continued to-mor-