A DISPUTED WILL.

Patea Mail, Volume IX, Issue 1108, 5 November 1883, Page 2

A DISPUTED WILL.

At the Supreme Gonrt, Wanganui, the case of McGregor'v Boyd is still' being heard. V/Tbe- following; is the evidence of Mrs Christina McDonald McGregor, who said she was the wife of one of the" piaiptiff4’hUoiil^ Witness saw deceased on the day of his fit: Miss Boyd called his attention to witness but ho did not at first recognise her: Deceased \vas very helpless. The next day he was,worse and did not seem to recognise anybody. On the following Thursday he was belter. On the afternoon of that day Miss Boyd and witness had a quarrel. She complained that.her sister was obliged to he away frond home so long, and that she herself was worn out with watching deceased, and added:that she could hoi. expect her sister to waste her life as she had done. Witness offered to take care of deceased at her own house,’, when Miss Boyd turned bn her and said ho would rot in his bed if it wore not for her. Witness said she had a perfect right to take charge of him. Miss Boyd thou made certain complaints against Robbie, (witness’s son who was staying at Royston House) and witness proposed to take him homo fori a liitlo while till they saw how deceased would go on. Miss Boyd remarked, “ There—l told Mir McGregor how, the moment the breath was out of his body, his friends would treat me.” Witness then said that so long ns Miss Boyd was head of Royston House she would not go there unless deceased sent for hef. On the 31st March witness went again to see Itor boy, who was sick and on ’ - (ho ■•■ following Monday, the 3rd of April, she called and gave 1 Miss Mary Boyd some fowls arid produce from Cherry Bank, ami said that she would like to sec deceased. Miss Mary Boyd said witness could not see ; hinvas he had been out driving, and had become so excited in consequence of an interview with his solicitor and wi'ness’s husband that two men were holding him down. Miss Christina Boyd then came in and repented what her sister had said. Witness said she would like’ to see liitn, as she understood he wished to see her. Miss Boyd replied “ I would not allow you to see him, even if he wished, it.” She told witness'she could please herkelf about bringing the boy, though she thought*, witness had better not do so. Witness had previously taken away the boy Robbie, because he was ill. Miss Boyd said that ho had had a nervous shock to his system, and the, things he feaw and heard at Royston House were not good for him. Witness never went back to the bouse, and never saw deceased .again. . She heard that he was very violent, and her own health was not in a fit state to be excited. , s

At this stage the Gonrt adjourned till the following day, when the examination of- Mrs Me Gregor was resumed, Ibnt nothing of interest beyond the eridence already given was elicited. James Barlow, stockman, Hawern, said he was 22 years of ago, and had been treated by the deceased as his adopted son. Witness got his. clpthes and pocket money from. the deceased, but no wages. On 9th February witness came down to Royslon House, and found the deceased in bed. Deceased was greatly changed in appearance. Witness nursed him till a month before he died. At limes deceased’s mind wandered and lie failed to recognise witness. He often wanted to sell property In w.hich'he had no interest, and once

his con luot was such that ho lijiti, (o bo hold down in a chair for an, hour. ’ Asa rule ■.deceased'did not know fitness after his attack in February. His general conduct was* that of an insand man. He could qot dtjess himsoliand on one occasion tried ttf make a pair of trousers out of a blanket.; Witness was in deceased’s room wh'-n the quarrel took place between Miss Boyd and Mrs McGregor. Deceased asked what it was as the raised voices could be heard. Witness passed it off with a remark and deceased took no further notice, . Miss Boyd gave, witr ness standing instructions that no one was to sec deceased without her knowledge, and the instructions, were . always carried oui. Witness left in.September bectrtistfFc’could not agree with Miss Boyd, She accused witness of stealing tools from the workshop. When witness loft ho told deceased he was going, and deceased wished him good-bye .just as if he were a stranger. Ho did not a«k witness why ho was going, and seemed to take no interest in the matter. Miss Boyd on . s--v rd occasions refused to allow visitors to s-e deceased. v In cross examination the witn-is stated that it was pot good : for ;f deceased to-admit too many visitors,, but on some occasions it wonid have doiv no harm to allow them to sec~him. Deceased never complained that witness was treating him brutally, though Miss Boyd charged him with it. Witness did not behave brutally, hut, on the contrary was always tender and considerate to •.■■deceased. Witness expected to get “ The -Island d* which deceased promised .-him before hfs illness, but he never spoke to deceased about that ;or any other matter of business. Dr- Curl told witness that deceased was not in his right senses; -' !

Samuel Austin slated-die knew the deceased from 1874,; and was on iniH mate ler ms with hi m. ; ; Ho nilrsed Hi ini off and on till the morning of 'the February,. Witness administered deceased’smedicine properly during th-it night, but in the morning Miss Boyd told .Wit ness to get out of the .house, as ho had been s-nt there for the purpose of poisoning deceased. Witness told Miss-Boyd that perhaps siie would do it quicker herself.':, W-U.ricssvCaHc- 1 several times afterwards to see deeeas-d, but was,refn.sed - admission; Deceased titvas quite incapable of knowing what ho was doing. On one.occasion ho: recognised witness and pnt his arm rpjpnd, his nock, bnt Miss Boyd Iwico remov' d,il and tho old man, seemed .vexed.Deceased did what Miss Boyd, told him. - She complained liiat. (leeoa§e<hhad made no provision for her, and cried and seemed excited about it. . Before his illness deceased, was> a .shrewd,,.,man,, quite capable of, looking after bis .own -affairs, but’after his seizure ho was not fit to transact business., ?. . ! , ■>': vh *

George. Beaveiv said that he had been on intimate terms with the deceased and had had ninny business transactions with him. About-12 months previous to his illness, ..deceased ; put; some town properties in witnessses bands for -sale. Some two months-after fit witness; had an-opportunity of selling the property and went to see him in connection ■ therewilti but .he found deceased totally unfit for business. Witness calledlnvany limes 1 afterwards, but deceased was never able to transact business. .. Deceased’s speech, was. unin-telligible,-and there were occasions on which He did not, -recognise witness till Miss Boyd mentioned his, name. In July Mi.ss .Boyd came and sajd that deceased had conveyed the property s to her, and gave,witness a? letter anlhorising him to act for-her, as he had done for Mr 'McGregor.’ -Witness was ilot surprised; toi.find that Miss Boyd- had the; property, as deceased, prior' to his illness, was anxious to' sell it and apply the proceeds in making a provislb!» for her. She did not tell- witness how or when it had been conveyed. Witness continued to visit deceased as an old friend and hoighbonr, but the properly was never referred to by either of themDuring the whole of his illness ho' wag not in a... position to - transact business, and, as his agent and friend, witness would not liavoraUowedrhini to sign any legal document. Miss Boyd seemed to have a great deal of infinenco over him He seemed under a spoil,' with her as the ruling poiver, , - W-hen" lie' tridl to talk he looked a.t .her ns thongh for the cue, His.idcas were /apparently wanting, and n ; 6t -only the tight words to express them. He never alluded to any disposition of,his property, though prior to his illness he often told witness that the property-would go to Mr and Mrs and sias their ".-son Robbie would get a share. He said also Jimhiy -^^ wbuld have some land at Mang,awherq--rnot ! -the Islahd, : beediiso that ,J was charged with Mrs Isabella, McGregor’s .annuity..; In cross-examination, witness said that deceased evidently looked to .Miss3oyd as though lie 1 feared her, and os lf,;he were not in possesion of ; his.,mental faculties. Witness . did hot! ccm.cide with !Mr-Hutchison’s .evidence,! for. he saw -about -150 times during his. illness and he was never; once in ,a lucid state. - ' ; :

The Court here 'adjourned till Saturday morning when the evidence of three additional witnesses was taken. An adjournment till Monday was then made. The case promises to occupy the attention of the Court for some days to come, os there are-a host ? of 1 'Witnesses still uncalled. •