A DISPUTED WILL.

Stratford Evening Post, Volume XXV, Issue 63, 17 March 1915, Page 8

A DISPUTED WILL.

PROBATE GRANTED. The hearing of a Taranaki will case was concluded to-day by Mr Justice Chapman. The disputed will was that of Thomas Francis Walsh, of Hurleyville, farmer, and the value of the property left was estimated at £BOOO. Plaintiffs were uncles on the paternal side and defendants the uncles, aunts and grandmother on the maternal side of the deceased. Several of them were residents of County Kerry, Ireland. The will in question was made just prior to the departure of deceased from his farm by motor to New Plymouth Hospital. He died on the way. The document was in the following terms; —“Norfolk Hoad’, 2oth February, 1910. Thomas Francis Walsh. Statement.

In case anything should happen to me on my way to the hospital, i leave all my estates and stock to my uncles and aunts, except my interest in the Norfolk Road farm, which goes to my partner, Ernest William Gibbs, and fifty pounds is to go to Mrs Allen for her trouble during my illness. Thomas Frances Walsh (mark), witnessed by Ernest William Gibbs, T. J. Allen, Mrs T. J. Allen.” Plaintiffs claimed that the court should pronounce for the will as constituting the true last will of the deceased. For the defence it was urged that the court should rule that the tic- j ceased died intestate. ' Evidence of two of the signatories to | the will, Ernest William Gibbs and j Marion Allen, was taken, also of two j handwriting experts to show that the two last signatures to the will weie in j different hands. The contention of the | defence was that they were by one j and the same hand. Deceased was un- j able to sign through physical weakness. In case the will was invalid the property would go to deceased’s next-of-kin. his grandmother in Ireland. The jury found that the document had been satisfactorily proved to have been executed by the testator as his last will, and his Honor ordered probate to be granted, the costs of both sides to como out of the estate.