A SOLDIER'S WILL.

Taranaki Daily News, 16 August 1919, Page 8

A SOLDIER'S WILL.

THE RIGHT TO HIS PAT, INTERESTING CASE AT MASTERTON. Mastcrton, August 14. At the Magistrate's Court to-day, a very interesting case regarding deceased soldiers' pay was heard when the Publio Trustee proceeded against Olive Wilton lo recover the sura of £37 9s, being the allotment money of Ernest Gcorgo Squires, a deceased soldier, which had been paid to Miss Wilton. The ease for the prosecution was to the effect that the Public Trustee was ithe executor of Squires, who had been killed at the front. Before Squires went away he nominated Miss Wilton, to whom he was engaged, as next-of-kin. She received an amount of £37 9s as his [ allotment money. This was admittedThe will, dated March 1, Q917, gave everything to the Public Trustee, and ', after paying certain sums the balance . of his estate was to go to his mother. The Public Trustee had written on [ several occasions from June, 1918, asking Miss Wilton to refund the soldiers' pay. The money was only held in trust from June to December. Miss Wilton did not reply, but later a reply was received from her solicitors. Counsel said it had been admitted that the lady received tho money untter the . authority given to her. He maintained that the onus was upon her to show that the money wp.s hers and was not held in trust for the deceased soldier or his estate. . Counsel for the defence said Miss Wilt ton had known Squires for three and a half years, and was engaged to him. [ There were strong reasons why Squires should wish to leave some little token to his fiancee. If he had not wanted to leave her some token he could have left the allotment to be placed in the Post Office Savings Bank. After he had made his will and was leaving Squires told Miss Wilton he thought he might not be coming back, and said he was leaving the allotment as a gift to her. Squires also told the girl's father that he intended the money 1 as a gift. With regard to the letters of the Public Trustee riot being replied to, counsel understood that solicitors had been instructed to attend to the matter. . Olive Wilton, Masterton, said that it •' had been arranged that she and Squires should be married when he came back. He told her he had made a will, and said he had left his insurance and his belong--1 ings to his" mother, and was giving his ! allotment to witness. The money came ' to her regularly. She looked upon the ■ money as a gift, and would not have felt ! any obligations to pay over the money if he had returned. She paid the money 1 into the Savings Bank with her own earnings, intending to use the whole lot 1 upon their future home. The father of defendant corroborated his daughter's evidence. For the prosecution, Mr. Robertson, solicitor for the Public Trustee, said that he would call Simpson, a mate of Squires', who was present when Squires drew his money out of the Savings Bank, to show what Squires' intentions were Counsel for defendant objected to the evidence being called as to deceased's statement when defendant was not present, and the magistrate upheld the point. : James Maxwell said he had been keep- • ing Squires up to making a will. Wit--1 ncss ask<«d Miss Wilton if she knew that , Squires had made a will, and she said she did not know, but she had to draw Squires' money and hank it. He was positive of this. When making his will Squires said to witness that his mother ] i was in England, and was in poor cir-' enmatances, remarking: "If I am blown ; out, and she gets the £3OO insurance, , together with my wages, she will think ehe is a millionaire." After counsel had addressed the court the magistrate said the case presented dome little difficulty, and was of importunee. He would like time to consider his decision.