PROBATE OF G. W. BISHOP'S WILL TO BE THE SUBJECT OF TRIAL.

Te Aroha News, Volume V, Issue 217, 27 August 1887, Page 6

PROBATE OF G. W. BISHOP'S WILL TO BE THE SUBJECT OF TRIAL.

Auckland Aug. 18. The matter of obtaining probate of the will of Geo. Wesley Bishop (recently shot by Mrs Yon in Sam Fiaucibco) came before Mi- Justice Ward in Chambers this momii.g, Mr W. J. Napier .appearing for James Rue, the pawnbroker (executor under the will made by Bishop in February last pi unto his departure for 'Frisco), and Mr C. F. Buddie appearing in support ot the caveat lodged by Faith Bi->hop( widow of deceased). It may be remembcied that the w ill in question beqiieathes the bulk of tho property to deceased's daughters and altogether e\ehulcs hib wife trom participation, Messis Whitaker, llu^ell and Buddie, acting for the widotv, seek to have tho will proved by action. Oil Tuesday last this matter was before His Honor when he decided against the contention of the counsel for the executois of the will, and upheld the contention of the widow of the deceased that s-he was entitled, us a matter of right, to have the w ill pioved by action. The motion was then adjourned till to-day in order that an aiiida\ it might be iiled giving particulars of the family ot the deceased, h has been stilted that the will -will be contested on the grounds of insanity and undue influence, hut there is no ground, we understand, for this statement. The next of kin widely Mick to put the executor to the proof of the will in solemn form, In ca>e, hov^evei, the will .were upset and none other existed, the property would be divided in accordance with the Statute of Distributions, \iz., onethird to the vidow and two-thirds to be equally divided amongst the testator's children. Upon the matter being called this morning, Mr Napier intimated that he had Jao objection to probate being sought by formal action at law. At the same time he took oppoitunity to draw attention to the undertakers' bill which Mr Rae had just received fiom San Francisco. The learned gentleman then read out some of the items which seemed to be very extortionate, and at His Honor's dc&ue the account and accompanying letter were handed up to him for perusal. They are .as follows :—: — McAvoy and Gallagher, undertakers, In Estate of George Wesloy Bishop. July 12. — To funeral expenses of himself : 1 burl metallic, 1 name plate, engraved, and G casket handles, 200dols. : 1 suit of underclothing, 2dote. 30 cunts. ; 1 gent's black robe, 20doR : cash paid for embalming body, loOdols. ; telegram to Mr Greenaway, New Zealand, 45d015. 30 cents. ; use of waggon in placing body in vault, sdols. ; Total, 422d0K 80 cent*. No. 20, Firth-street, San Francibco, Cal., July 21st, 1887. Mh Rak. Dear Sir,— We puppose that you are aware of the fact that Mr G. W. Bishop was shot by a Mrs Yon as ho was about to take the steamer for Auckland, July 2nd. From that gunshot wound he died July 4th, and we as" undertakers were called in to prepare the body for burial or shipment as the case might be. We wired Mr Greenaway, of your city, at an expense of 45 dollars 30 cents, who we were informed was deceased's father-in-law. To that cablegram we received no answer. After wailing a reasonable time we placed the remains in Laurel Hill Cemetery receiving vault in thfo city. Enclosed please find our bill as far as we have gone, which we send to you as Mr Bishop's agent. Should you desire the remains shipped to Auckland you can add on the cost of transportation, which may be prepaid — lOdols for removal permit, 20dols for shipping box nnd packing, nnd lOdols for vault hire. This latter charge will have to be paid in any event. Should you desire to bury here a grave will coat 15 dole. Aa you will see by account rendered, we are out some little cash in the case, and an early remittance would please us very much. Mr J. S. Sullivan, who had been Mr B. attorney while here had the Public Administrator take charge of his effects shortly after his death. We presume Mr Sullivan has written you or the relatives of deceased an account of his death, and the causes that led to it. For fear he has not done so, we will state that the murder here is looked on as a coldblooded and unprovoked murder. The accused has been held for trial without bail. We would advise that the friends of the deceased employ some attorney to assist the prosecution, as your experience will tell you how enses for the Crown and State are conducted when left entirely to tho State to prosecute. Any information we can furnish you or the relatives of the deceased in relation to this sad affair we will gladly furnish on request. There was a man named Nyland with Mr B. a great deal. He claimed to be a friend. His reputation here is not good. If you know him to be a friend let us know co that we may not treat him so cavalierly in the future.—Awaiting your early reply we remain, Yours etc., MCAVOY AND GALLAaiIER." His Honor, after perusing the account, remarked in great surprise : Gracious ! if a dead man costs so much in San Francisco it must be very expensive to live there. These costs are something awful. Mr Napier : I fancy, Your Honor, they concluded they had gob hold of a lm'lllkmaire His Honor recommended Mr Napier in the interests of the public to have the letter and bill of costs published, and he added grimly " If anyone wants to go and die in San Francisco, that bill ought to act as a deterrent." It was then arranged that probate of the will should be attained by action, the trial was fixed to take place in October next.