MYSTERY RECALLED

Rotorua Morning Post, Volume 1, Issue 75, 19 November 1931, Page 5

MYSTERY RECALLED

(Press Assn.—

WILL DISPUTED echo of unsolved himitangi farm mystery DEATHS IN LONELY HOUSE

-By Telegraph — Copyright).

, WELLINGTON, Wednes. Probate of the last will and codicil of John Brown Westlake, late of Pahiatua, was sought in the Supreme Court, before His Honour, Mr. Justice McGregor. Two counsel appeared for the Public Trustee and two for the defendants, Catherine Louisa Westlake and .others. The action recalled a tragedy on a farm property at Himitangi, 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 testaor died on September 6, 1929, at the age of about 62 years, when the house he owned at Himitangi was burned down and he and other occupants were burned, probably after some had met their death by other means. The oecurrence was the subject of a searching coronial inquiry, but he understood that no 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 a week to his wife and £1 10s a week to a married daughter, and subject to those payments during the life time of the beneficiaries the estate went to the Salvation Army. There were two other children, a daughter and a son, neither of whom was given anything under the will. By the codicil the wife's allowance was increased to £5 and the daughter's to £4. The destination of the capital and the remainder of the estate remained as before, the Salvation Army. Disposition of Estate Counsel understood that pn the date the codicil was made the testator was in a private hospital at Pahiatua waiting to undergo an operation the next day. In an earlier will, which might be 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 plaintiff's claim denied the due execution of the will, but a substantial defence was an allegation, which counsel read, that at the time the will was made and at all times thereafter the testator was of unsound mind, memory and understanding, and incapable of making any valid testimentary disposition by reason of the fact that his mind was affeeted and subject to insane delusions regarding his wife and children and insane antipathy to them. Proceeding, counsel said the estate was valued at £29,000, based on values two years ago. It was probably

worth less now. Misery and Suffffering A story of misery and suffering on the part of Westlake's wife and children was told by the senior counsel for the defence. The testator was deseribed as a man of the utmost meanness, his only god being money. Evidence would be given that he had threatened to murder his family and particularly the younger daughter, Grace, said counsel. Counsel for defendant outlined a long series of cruelties Westlake had imposed upon his family. At Dannevirke he took a boarding-house where he had 50 boarders. His wife and daughters had to do practically all the work. He then bought a farm in the back-blocks out of Pahiatua and here he continued to show the greatest meanness to his family. His wife, daughters and son had to do all the milking. Westlake also showed a violent antipathy to his wife's Roman Catholic religion, counsel continued. On various occasions he threatened to murder various members of his family. Later his wife refused to go to a farm at Hamilton and he agreed to pay her £4 10s a week and his elder daughter £2 a week. In 1928 Mrs Westlake heard that her husband had sold his farm and proposed to leave New Zealand, but she prevented him from doing so. He had cut his son out of his will and had made no provision for his daughter Grace.

The widow, in evidence, said that she had never had any money and she and the family were frequently reduced to living on dry bread. Her husband's- conduct was such that she was satisfied that he was not right in his mind. The hearing was adjourned until to-morrow. The "Himitangi Mystery" as it came to be called is one of the most puzzling cases which has occurred of recent years. Westlake, with four other persons, perished in a lonely house among the sandhills in the vicinity of Foxton and among other things, evidence was called to show that several of the occupants of the house had been shot before the building caught fire. The smouldering embers of the house, with its ghastly contents, were discovered, a day later by a Maori. The fate of the five occupants and the cause of the fire, have never been satisfactorily cleared up.