SUPREME COURT.

Taranaki Daily News, Volume LIII, Issue 258, 10 March 1911, Page 3

SUPREME COURT.

THE GRAY WILL CASE. JUUCiK'.'s STRONG REMARKS. When the Supreme Court resumed yes terilay morning, Mr. Justice Edwards presiding, the hearing of the Gray will ease, in which Elizabeth Greenlecs is proceeding against Mary Ann Gray ami Benjamin Gray to obtain probate of the missing will of the late Benjamin Gray the elder, was continued. Mr. C. H. Weston appeared for the plaintiil' and Mr. Quilliam for the defendant. In opening the ease for the defendant, Mr. Quilliam did not dispute the facts that the will was made, that its contents were as stated, and that it was taken away by the testator on July 0, 1907. But the presumption laid down by authorities when a will was not forthcoming at a testator's death was that if a will had been made it had been destroyed or revoked. It had also heen laid down that if evidence were admissible as to the non-revocation of a will, evidence was also admissible as to its revocation. There were three important facts in the evidence lie would call. It would be shown that in June, 1907, tlie late Benjamin Gray sent a message by a man named Larkin to his (Gray's) son, saying that he wished to see him. They met- in Larkin's store, and Gray asked his son to induce his mother to return to him. On July 31, 1907, Gray made another attempt to get his son to induce his mother to return. It was most important to remember that between these two dates the will was removed by deceased. Three months later Mr. Wiiliam Grant, who was now the tenant of deceased's property, was being shown over tht place by deceased, who remarked that all he had to live on was the rent of the land, and that he had told the girl (meaning Miss Grcenlees) that she would have no right there after he had gone. There was also the evidence ol an important witness, who, unfortunately, was ill and unable to attend, and so he (counsel) could not refer to this. But probably the strongest evidence would be that of Mr. James Smith Fox. Mr. Fox was a trustee under a deed ol settlement of a brother to Benjamin Gray, the late Robert Coulter Gray. Robert Gray predeceased his brother, and left properly other than that under the testament. This other property was administered by the Public Trustee. S«v little time after Robert Gray's J death Ben Gray was in Fox's store, ana the matter of intestacy c'ropped up. Fox remarked that he thought it was foolish for any man not to make a will. Gray replied' that he would leave no will to he fought about, and then whoever was entitled to it would get his property. Mr. Quilliam then proceeded to call evidence. Mary Ann Gray, wiflow of the late Benjamin Gray, gave hor age as fib years. She lived with her husband on the farm at Okato, and they got on well together in the early years of their married life. .Her husband was tou familiar with Miss Greenlecs, making a fuss of her and kissing her, and she complained that it would be the cause of breaking up the home. Miss Grcenlees

whs gettingr 10s a week find also a lot of presents. Her husband was very kind to witness before the arrival of his niece. She left home because her husband told her she was not wanted. The night before she left there was a great disturbance at the tea-table be,i tween herself and Miss Greenlecs, as the latter wanted to put the servant girl out of her ,;<;ai, M the result of the row Miss Oreenleeii tried to put her off the verandah. Her son went (o take her part and her husband pushed him away and went between them. The girl "(Miss Woolridge, now Mrs. Wilson) and witness left next morning, and. witness stopped with Mr. Andrew Gray, nephew of her husband. | They had been very kind; she would never forget it. She consulted a solicitor with a view to getting a deed of separation. She had lived with her son all the time. She received a message from i her husband through her son to go baek t'o him, but she felt she could not do so while Miss Greenleea was there. She had been in ill-health for years. To Mr. Weston: Her husband told her son that he was sick and tired of Mi3s Greenlees as they were constantly

quarrelling. She seat word to her husband to get rid of Miss Greenlees and she would go hack. Witness would not stoj) in the house, with her. She was sent away several times, but always came back, once just before witness left. Witness understood Miss Green- 1 lees was away about the time of tht message from her husband. After the allowance was stopped witness never' asked her husband about it, as her son said they would not trouble. Benjamin Gray; one of the defendants and son of the late Benjamin Gray, said he lived at home until he was about 25 years of age. lie left home on 9th September, lS'Jli. Father, mother and witness all assisted in the work on the farm before .Miss Greenlees arrived, lather wa* too familiar with his niece, and mother was troubled about it; his manner towards mother was very different then. Witness corroborated the statements of his mother in regard to the row the night before she left. He paid £SO for the farm. He had often seen his father since he left, and was on very good terms with him; father frequently asked after mother during the last three or four years. Father sent fruit to mother, and witness took it home. In June, 1007, he had an interview with father in .Mr. Larkin's shop, during which lie asked if mother and witness would come back, as "it was a hell on earth to live with Lizzie; she is away now, and I don't know what she is going to do." Again at Bell's auction sale father asked him if they would go back, a.s he was siek and tired of the girl. Father had paid the separation money to witness occasionally; the last payment was on 2nd July, 1000. Witness had supported his mother ever since the separation. To .Mr. Weston: It would he about a month after mother left home that he went away. He did not leave; with mother as he had had no row with his father. Miss Greenlees assaulted his mother that time. The £SO was not the full value of the farm, but he looked upon it as payment for wages. The farm was worth more than £137 10s al, the time. Father paid £SO, and they paid o(T a mortgage. Xo mention was made of wages, but looking back he considered he was entitled to wages. Father had asked after mother .on different occasions ever since they had been separated. TTe had never enquired why "it was a hell on earth to live with Lizzie." Tie could not remember whether he told father mother would not go back while Lizzie was there. He never asked father wiy questions about the trouble. Had got along all right without the money from his father. His Honor: No one could say you have not been a good son. To Mr. Weston: He would have had something to do with the case even without other people's advice. William James f'r.i.v, farmer. Okato. nephew of the late Benjamin Gray, said he was very friendly with his uncle. Witness' father and uncle wrote to Ire- ' land for relatives to be sent out. Miss

Greenlecs. went to his uncle, and the other, relatives worked about the district. Before and after (for about two years) Miss Grcenlees' arrival he was a constant visitor at his uncle's; they 1 were a hard-working, industrious and | happy family before she came. lie j leu- because Mrs. Gray had been illtreated and turned out, and Miss Greenlees was the cause of it. -Witness was on good terms with his uncle after the separation, and his uncle brought in, gold medal as a present from Nelson. His uncle said he had made a mistake in taking Miss Greenlecs into his household, as she was the cause of driving his wife and son out of his home. This was 'repeated two or three times, and as late as a year ago when Miss Grcenlees struffi: him and lie sent for Constable Kelly. He told witness they had put the constable off with a story, as a reconciliation had taken place in the interval before the arrival of the eonutable. Witness took charge of the body at the saleyards, and took it to hin house; Corbett, Julian and others were also present. As witness was returning to the saleyards to see the police re an inquest, Miss Greenlecs and Mr. Goodin were going to his house, and the body was there alone until John Pcaree reached the house to look after it as witness had arranged. In the evening witness searched the clothes, and found a purse with £O7 Is Kid, besides other articles, but there was no will or any document in writing except a butter document. Miss Greenlecs wanted to re move the body, but he would not allow it. He told her the amount, and she replied, ( 'Oh there is more than that, and I have the number of the notes." She afterwards said the missing money must be buried in the garden. Thev went to the cemetery together to choose a plot for the burial, and she said there vns a will and it was all right; if not, that she would sue for wages. To Mr. Weston: He did not like Miss Grcenlees any the more as the years went on, seeing that he had taken his aunt's part. W'itness admitted he had told people Miss Grcenlees had beaten her uncle. He believed it was a fact as his uncle had Lold him, and he had seen him in a distracted condition as the result of her conduct. Witness ' had done all he could to help the defendants' side in the case.

Ethel Wilson, wife of David Wilson, blacksmith, Okato, said that as Miss Woolridge s&e was a domestic at the Gray's house six er seven weeks before Mrs. Gi-ay left. Witnesß did not remember how the row started the night before .Mrs. Gray lelt, but Miss Grcenlees violently pushed -Mrs. Gray oil the verandah, and her language was not proper.

To Mr. Weston: she would rather not repeat or write down the language used by Miss Greeniees; she had never iieard such language before or since. William Grant, farmer, Okato, lessee since 1007 of sections in the estate of Benjamin Gray, told the court that when he went to Mr. Gray's house to arrange about the lease, he heard a row between Mr. Gray and Miss Greenlees, the latter throwing clothes out of the back door, and Mr. Gray talking iu an angry voice. Miss Greenlees went inside when she saw him and Mr. Gray came out to witness; he was, very excited. , The same month in conversation while on the property Mr. Gray said he had given Miss Greenlees £ 160, and said to her, ''Now, Lizzie, when I'm dead you'll get no more out of here" (meaning the lease). Graytold ,him also Miss Greenlees had got a thousand pounds out of him. Witness had not paid the rent since Mr, Gray's death; Miss Greenlees had applied for it. She said she had seen Weston and Weston, and there was a will, leaving everything to her. She also said she k*d been talking to her uncle about UK' rent, which was too high; but witness ;!i'l not agtive wiili that/ James Smith Vox, storekeeper, Ok"I.",, trustee under a deed of Settlement J" the estate of Robert C. Gray, who,died* on .July 11), 1000, recounted a conversation which took place in his store with the late Mr. Ben Gray. Witness told him it was the proper thing to leave a will. His reply was: "Damned if I know, Fox; J think it is just as well not to have a will; I'll take care there will be no will to quarrel about, and whoever has the right to my property will get it." The date of this would be in July, 1907. This closed the case for the defence. Miss Greenlees (recalled) said her uncle never made such a statement as witness Grant stated about "getting no more out of here." Counsel elected not to address His Honor.

In delivering judgment, His Honor said it was perfectly obvious from the time the plaintiff's case was closed what the result would be. The man made a will and left it in the hands of his solicitor, and after a certain time took it away, and it was not now to be found. In the course of evidence it was shown that the testator had become annoyed with his solicitor's, but it was two years after that lie took the will awav. It was the rule that when a will was taken away and was not to be found the inference was that it was taken away for the purpose of destruction. The will was a shameful one, and beyond all doubt should never have been made, and there was not the slightest doubt that Cray, approaching tin; time when' he would enter that bourne from which no traveller returns, felt that it should never have been made, and endeavoured to repair the evil he had done bv destroying it. That he did not tel! the plaintiff was but natural. He was under the domination of the plaintiff, and from time to time endeavoured to rid himself of it, but it had been resumed. In fact, he dared not tell the plaintiff. All the attendant facts corroborated the inference in law that the will had been destroyed. Oay was in the habit of keeping' his papers in the house, to which plaintiff had access. Had he wished he could have kept the will there, and it would have been found in that place in the house which was under the control of testator and plaintiff alone. The will could also 'have been left with testator's second solicitor, or at a bank or other places it be did not wish to keep it in his nun possession. There was no suggestion that it had ever linen seen or heard ot after it was removed from Weston and Weston's. His Honor said -emphatically the action should never have been brought. And common dec.enev phouhl have prevented the plaintiff, seeing that she had already secured a large portion from the estate, from endeavouring to garner in the small remainder from the widow and son. Judgment would be for defendant, and there would be judgment, for costs as upon a claim for £~>~<o. with extra allowance of ,Cl."> 15s for the second day of the trial. His Honor said that the widow wis entitled to administration, or there, niisrht be joint administration by the widow and son if desired. Mr. Quilliam said that; would be done immediately.

PHOTS ATE OF ,\ WILL. On tlio motion of Mr. Oeorpo drey (Wilson ami Oey), probate of "the will of the bite James C. TToneyfield was "ranted by His Honor to the executors mimed therein. LETTERS OF ATOITXTSTOATTOX. On the application of Mr. A. Johnstone, letters of administration with the will annexed in the estate of John George Wood, late of Oaknra, contractor, deceased, were granted to Mrs. Ethel Mary Henrietta Jones, the residuary legatee. ;-....