CHRISTCHURCH WILL CASE

Taranaki Daily News, Volume LIII, Issue 261, 14 March 1911, Page 8

CHRISTCHURCH WILL CASE

A DEATH-BED DOCUMENT. By Telegraph.—Press Association. Christchurch, Last Night. The judgment of the Hon. Justice Chapman in the case Hanna Copeman v. Samuel Albert Staples and Sarah Jessie Smith, an action to set aside probate of a will, was delivered to-day. The question raised was as to the testamentary capacity of Richard Smith, a retired farmer, eighty years of age, who died leaving his property to his wife, a comparatively young woman. His only sister, a married woman, seventy-two years of age, opposed the will, on the ground of defective evidence and want of testamentary capacity. The judgment set forth that it had been given in evidence that the testator had, some months before his death, said he would not leave his sister anything, as she would be worse off by losing her old age pension. A will was drawn up by Dr. De Renzi when the testator was near death, and the doctor guided the testator's hand in signing the will. The doctor told the testator that if lie left everything to his wife he (the doctor) would draw up a will, but not otherwise. Evidence showed that there was a doubt as to whether the testator saw the witness sign the will, and it was therefore held by the Judge that the instrument could not be admitted to probate. The Judge stated that he was not satisfied that the will represented an actual exercise of testamentary authority, but he considered all parties had acted in good faith. It was ordered that the costs of both parties, as between solicitor and client, should be paid out of the estate of the testator.