HUNTER APPEAL

Rotorua Morning Post, Volume 1, Issue 43, 13 October 1931, Page 3

HUNTER APPEAL

(Press Assn.—

counsel attacks evidence given by medical witnesses "NO INTRINSIC SUPERIORITY"

-By Telegraph — Copyright.)

WELLINGTON, Monday. The hearing of the appeal of Cyril Paul Hunter and Thomas Percy Hunter, trustees of the estate of the late Sir George Hunter, against the judgment of Mr. Justice Reed, delivered last April in the Hunter will case, was resumed in the Court of Appeal to-day. Lady Hunter was the respondent.

Continuing his argument, Mr. Cornish submitted that the Supreme Court was wrong in rejecting uncontradicted lay evidenee of fact and preferring medical opinion which possessed no intrinsic superiority over lay evidenee except in clinical matters. He contended that the medical evidenee was indecisive, and did not create such a balance of opinion in favour of the defendant as to justify the judgment. of the Court below; that such evidenee was furnished either by medical men who had never seen testator professionally or by doctors who attended him on only a few occasions for brief intervals and who had never on such occasions direeted their minds to the question of his testamentary eapaeity; and that such evidenee was based on trifling circumstances and proceeded on the assumption that the stroke was a severe one and not a slight one which rapidly cleared up. He submitted also that the Court below had imposed in effect a standard of testamentary capacity more exaeting than the law required. Mr Cornish contended that the lay evidenee was overwhelmingly in support of the view that testator had full testamentary capacity. He said Sir George Hunter's memory for recent events; his interest in politics and racing; his business ability and understanding and his capacity to originate conversation and ideas generally pointed to the full possession of an independent mind and a will of his own. Mr. Cornish said he intended to refer the Court to numerous portions of the evidenee in support of his contention and was so engaged when ' the Court adjourned till to-morrow.