UNIQUE WILL CASE.

Stratford Evening Post, Volume XXVII, Issue 36, 12 June 1915, Page 6

UNIQUE WILL CASE.

“DEFECTIVE EXECUTION.” Peb Press Association. • Hamilton, June 12. Mr Justice Cooper was asked to decide a novel case at Hamilton today. A eßlgian named Conrad Zeiypens, who died on August, 14 of last year, left a will dated August 5, an 1 bequeathed the greater part of his estate to Albert Upton, Tanner, Waimea, a stranger in blood. When probate was asked for several months ago, Mr Justice Cooper refused to grant it in common form, and instructed it to he applied for in solemn form, joining the Public '1 rustee. When the renewed application came before Mr Justice Cooper to-day, it was opposed by Mr Napier, on behalf of the next-in-kin. James Caughley, farmer, Woodleigh, who attested the will, said he and one John McKay were present when Zeiypens signed the will in the bedroom. Witness and McKay then withdrew to the kitchen, ancl there attested the will, us there was no table in the bedroom, and a partition between the two rooms would prevent the testator seeing him, Caugjhley. His Honor renounced the will on the ground of defective execution, the costs of all parties to be paid out of the estate, defendant undertaking not to oppose the letters of adpinistratiVin. His Honor remarked that the point had never before been raised in New Zealand, and that the case was a very mportant one.