FARMER'S WILL

Rotorua Morning Post, Volume 2, Issue 547, 2 June 1933, Page 5

FARMER'S WILL

(Press Assn.-

OPOTIKI CASE COURT DECIDES DECEASED HAD TESTAMENTARY CAPACITY LEGALITY OF DOCUMENT

-By Telegraph — Copyright)

Auckland, Thursday. An action to prove the legality of the will and codicil of Hubert Roughton Hogg, retired farmer of Opotiki, concluded before the Chief Justice (Sir Michael Myers) in the Supreme Court to-day. Mr. Hogg, who was a well known resident of Opotiki, died on July 28, 1932, aged 67 years, leaving an estate valued at £6000. A codicil in which legacies amounting to £500 to two daughters were cancelled, was challenged by them on the ground that their father did not have testamentary capacity. The will itself was challenged on the ground that it had not been duly executed. Passing his opinion on the notes of evidence already given, Dr. T. W. Johnson, said it was clear that Mr. Hogg was suffering from pneumonia, and had periods of delirium. It was quite common for pneumonia patients to be definitely delirious, and waking from sleep quite mentally clear. Mr. Hogg's case seemed a typical one of pneumonia. Dr. Johnson said he saw no reason to doubt the possibility of Mr. Hogg having had 12 hours before death, a lucid interval of two or three hours, during which he would be able to transact business. Giving evidence as witness for the daughters, who were coritesting the validity of the will and codicil, Dr. H. M. Budd, Superintendent of the Opotiki Hospital, said that Mr. Hogg's case toward the end was such that witness would have grave doubts about there being any prolonged lucid intervals. Mr. Hogg could not have formed reasoned judgment on anything of importance on July 26 or 27. Part of his purpose in seeking out Mr. Arrowsmith was to tell him that Mr. Hogg was not in a condition to do business. His Honour held that testator had testamentary capacity and pronounced both the will and codicil valid.