A DISPUTED WILL.

Taranaki Daily News, Volume LVI, Issue 1, 2 June 1913, Page 5

A DISPUTED WILL.

INTERESTING NELSON CASE. Per Press Association. Nelson, Saturday Night. Sir Robert Stout has been engaged in the Supreme Court hearing an interesting case relating to the wills of Mrs. Mary Thompson, deceased. In January last, Mrs. Thompson made a will in favor of Johan Albin Ahlstrom, under which he was appointed sole legatee and executor. Caveat was lodged by the Public Trustee and Mrs, Ada Dodson (adopted daughter of the deceased), persons interested under a former will. Probate of the second will was granted on the 10th inst., Justice Chapman making a rule nisi, to be made absolute unless the'caveaters show cause to the contrary. The Public Trustee now applies for probate of the first will and to have the rule nisi discharged. Sir John Findlay, K.C., and Mr. E. B. Moore appeared for the residuary legatee under the first will, Mr. Moore for the Public Trustee, and Mr. Harley.and Mr. J. Houlker for Ahlstrom. The evidence of Mrs. Dodson was to the effect that she was adopted" by the Thompsons aDout 25 years ago, and lived with .them until her marriage in IAO2, of which her foster parents approved. Her father died in 1010, and for some time she stayed with her mother. Subsequently the latter stayed with the Ahlstroms, her tenants in Nelson, paying them £l. Later, as she wanted to live with Dodsons, it became necessary to secure a home nearer town, and the deceased found £IOO towards this, \vuness noticed that her mother was becoming more and more addicted to drink, and endeavored to check this.. Her mental condition caused great anxiety. In January last deceased returned to the Ahlstroms, parting with witness on friendly terms. She saw her mother in March, when the latter was in a dazed condition and did not recognise her. Five days afterwards the win in Ahlstrom's favor was made. In January he required the money for board, and the payment wns increased to £2 a week. The first will was 're-executed lifter her father's deam, to divide his share to witness. There wore various bequests to churches, etc., which her mother wished to cut out, but witness persuaded her to leave them. When her mother left Iter in January she was not fit to make, a will nnd could not understand thinjjs read to her. Medical evidence was given as to deceased's indulgence in alcohol and testamentary incapacity while at Ahlstrom «. The agent for the Public.Trustee gave evidence as to wills prior to that in AM-; strom's favor. Ho saw Mrs. Thompson at Ahlstrom's in February, when she was was not in a condition to make a will. He would not have done it for her. The estate was worth £2913. Other evidence was given as to deceased's alcoholic indulgence and general incapacity at the time the Ahlstrom will was made.

Respondent's case was a general denial of the evidence led for Mrs. Dodson. A medical man, called by Ahlstrom after the last will was made, said that he examined Mrs. Thomson for her testimony and she was quite capable of making a will. He did not smell or see anv svidences of liquor. She refused to discus* her property with him. but he gathered the impression that sho meant to give the cottage in which they were livinir to Ahlstrom. He was not informed that she had been attended by other doctors. Ahlstrom, a Swede, who arrived in the Dominion in lflOfl, detailed the arrangement under which the deceased t'rst came to live with (hem in the house he rented from her. She came in June, 1011, and staved till the end of the year and about three months in 1912. She came again in Januarv, .1!)13. and expressed a wish to stay there until she died. She told witness that lie would be well warded for his kindness to her. He did not know what property sho possessed besides the cottage, and he thought it was this cotta«e .she was bcqucat'iiii:* to him. She told him to brim* a soii/r.or to make her will. Ho denied that deceased drunk to excess at his nhifo. lie did not tell her relatives flint deceas»d had revoked her former will, boenus.< Iv (lid not think he was hound to do so. He did not tell (ln> doctor he called in that of hers wore attending Hie demised. Ahlstrom was rross-«yiniined al ercit length hv Sir John Vindlnv. Corroin.-a-tive evidence was "ivi'ii bv his wilV, and the hearing was adjourned.