A RANGITIKEI WILL CASE.

Taihape Daily Times, Volume 7, Issue 81, 4 December 1914, Page 2

A RANGITIKEI WILL CASE.

In the Supreme Court at Wellington on Thursday morning, His Honour the Chief Justice! Sir Robert Stout, delivered reserved judgment in the Wanganui case of George William McCaul v, Donald Fraser, an action concerning the will of the late Duncan Fraser, farmer, formerly of Rangitikei The plaintiff in the action is a son of the late Catherine McGregor, who was a daughter of Duncan Fraser, and the defendant a son of the latter. Duncan Fraser died in August, 1879, and left a will of which the defendant (Donald Fraser) was executor and trustee. Plaintiff now alleged that this deed was signed without full knowledge of the facts, and prayed that it should be declared void. He further asked the court to remove the defendant from the position of trustee to appoint the Public Trustee in his place, and to order that accounts be taken and the estate of Duncan Fraser administered under decree of the Su-

preme Court. The defence set out that the duties of trustee had been faithfully carried out and that the will of Duncan Fraser had been read over to the late Catherine McGregor before' she became party to the deed of December 1901. His Honour, in the course of his judgment, expressed the opinion that, in a case of this kind, where neither fraud nor mistake had been proved, no court of equity could set aside a family agreement after such a lapse of time. Plaintiff must fail in the suit, the judgment would be given for the defendant with costs (as on a claim for £000) according to scale, £ls 15s a day for second counsel for two days, disbursements, and interlocutory costs. At the hearing Sir John Findlay, K.C., with him Mr. C. B. Collins, of Wanganui, appeared for the plaintiff; while Mr. H. D. Bell, K.C., with him Mr. W. J. Treadwell, of Wanganui, appeared for the defendant.