TARANAKI WILL CASE.

Taranaki Daily News, Volume LVII, Issue 238, 17 March 1915, Page 5

TARANAKI WILL CASE.

.SETTLED I.V SUPREME COURT. Wellington last night> The hearing of a Taranaki will case wife concluded to-day by Mr Justice Chapman. The disputed will was that of Thomas Francis Walsh, of Ilurleyville, farmer, and tin: value of the property left was estimated at about £SOOO. Plaintiffs .were uncle ; on the paternal side and defendants the uncles aunts, and grandmother 011 the maternal side of the deceased. Several of thjjm were residents of County Kerry, Ireland. The will in question was made just prior to the departure of decease', from his farm by motor to New Plymouth Hospital. He died on the way. The document was in the following terms:—" Xorfolk Road, 25th February 1913. Thomas Francis (Walsh. Statement. In case anything should happen to me on my way to the hospital, I leave all my estates and stock to my uncles and aunts, except my interest in the Norfolk Road Farm, which goes to my 'partner,. Ernest "William Gibbs, and fifty pounds is to go to Mrs Allen for her trouble during my illness. Thomas Frances Walsh (mark) witnessed by Ernest William Gibbs, 'J\ J. Allen, Mrs T. J. Allen." Plaintiffs claimed that the court should pronounce for the will, as constituting the true last will 7K the <leceased. For the defence it was urged' that the court should rule that the deceased died intestate.

Evidence of two of the signatories to the _ will, Ernest IWilliam Gibbs and Marion Allen, was taken, a?so of two handwriting experts to show that the two last signatures to the will were in different lianls. The contention of the defence was that they were by one and the same hand. Deceased wag unabe to sign throufjlrphysical weakness. In case the will was invalid the prowould go to deceased's liis grandmother in Ireland.

The jury found that tlio document had been satisfactorily proved to have been executed bv the testator as h ! s last will, and his Honor ordered probate to be granted, the costs of both sides to come out of the estate.