INTERESTING WILL CASE

Taranaki Daily News, Volume L, Issue 59, 28 March 1907, Page 2

INTERESTING WILL CASE

Per Press Association. ' Auckland, March 27. : A rtT" l "'"* »*'» I", morning by J i I ease, Mackenzie and others v. Mae" hem-.ie, to decide the validity of the will as, it lluHonor »l«ted that action as for the purpose of securing probate J,V ,£ J ", lm M ,. ekmzie ' <£& Whether H,„ \ I ° ligation WHS 1 i UlC9e ,locl ""e»is had been ,„•«. Perly executed. ]„ order to est"llsh the testator's signature must be made > the- presence of both witnesses, and Wore either attested and subscribed £;,ff™. tu . « "Ml. Mueken* sen Z , r B '/" "K" 11 *"™ ™ the presence ot one witness, the lion W Kellv anJtholntlertho u subscribed i ik ot he, witness, Cnmpkin, was called >». and Kelly told him tlmt ~„!, e, ,v M*V T^' 1 tlmt »» dement by Mr. Kelly i„ the presence of M««nt Ti - Vi ' S .""""■urtivo acknowsi~n nr. r A 8, 8".» t, '«'. «u«l if the signal res of the witnesses had been l.ne been effective. Put Mr. Mac ken/in . not acknowledge his sig^t Mi. Kelly belore the latter signed and >e second witness was not pr? e „t m* Honor therefore ],eld that t u- will had ■« t heen properly executed, aekilowle,^ , K "«""'"'■ nnt '»»' ing been '•'! »i the presence of both witnesses the ct.du-1 had heen properly ted th.n as ,t had reference to" the will ami became incorporated with that do" been 'en.; 10 Tf'" 0 T^ 1 ' 0 ' 1 Wol ''' l weiv , At " m \°T t0 lhe «*M» •>". Mackenzie, who was ~n old mnn wrote laboriously, ,md Mrs.'stlS « «W away, 1J0f0,,, she w ,„ t ™ s gned her name ns an attesting witness hm.gh Mackenzie had only eon, % e j ■ t ol his signa ure. Mackenzie, did not acknowledge ids half „f (],e w ,.; tt * s»v'':' Rhw,rma » » s to -S 1.1 ne aml the law was that the signaof the testator ,„„ st be „ck m , w . I'ged on tlus_ account. He had to thn cute also against the codicil, Cost-, estate! ''° "" ] ""' ilva uut of "»