A SOLDIER'S WILL.

Taranaki Daily News, 3 September 1919, Page 6

A SOLDIER'S WILL.

CLAIM AGAINST A GIRL.

JUDGMENT IN AN INTERESTING CASE. Masterton, August 28. An important judgment, and one which was awaited with considerable interest, was given to-day by the magistrate, -Mr Free, in a case in which the Public Trustee proceeded against Olive Wilton, dressmaker, of Masterton, to recover the sum of £37 being the allotment money of Ernest deorgc Squire, a deceased soldier, which had been paid to Miss Wilton.

In his judgment, the magistrate stated that Squire was engaged to marry the defendant. In 1917 he went abroad on active service, and before leaving New Zealand he made a will leaving the whole of his estate, after providing for debts, to his mother, and made the usual soldiers' allotment order in favor of defendant. Under this order defendant received £37 9s, which the Public Trustee claimed as part of the estate, of deceased, and which defendant seeks to retain as her private property. The onus is on defendant to prove that she received the money as beneficial owner, and not as agent for deceased only. The only evidence of beneficial ownership is the state: 1 ment of defendant that deceased told her he was leaving his allotment money to her as a gift. Defendant says that deceased, in her hearing, asked her father if he had any objection to his leaving his allotment money to her as a gift. The defendant, in her evidence, further says that Squire told her he had mads a will, and had left his insurance money and belongings to his mother. Squire left his post office savings bank book with defendant. Allotment moneys were received by defendant and paid into the Post Office Savings Bank to her own credit.

For the defence, Mr James Maxwell, manager of the property on which Squire had been employed for some time prior to going on active service, stated that he strongly recommended Squire to make a will before going abroad, and that when

he was seeing liim off lie asked if he had made a will, and he said yes lie had left everything to his mother, and added: "The £3OO and my wages, if I am not blown out too soon, will make her think she's a millionaire." Some months later Squire was reported missing, and later killed in action. After Squire was reported missing, and before he was reported killed, this witness met defendant, and in Response to his inquiry she said she did not know anything about the will, and she had been nominated us next-of-kin, and had to draw bis money and bank it. I gather from this conversation with Maxwell that Squire, when leaving New Zealand, considered that his pay would go to his mother under his will in the event, of bis death, which lie would not have done had ho given it to some one else. Then, when the man wis reported missing, and the question was raised by Maxwell, the defendant did not elaim the money as a gift, luit.merely that she collected and banked it, and, curiously enough, she repudiated any knowledge of the will, though now she says Squire told her all about it whim on final leave. Defendant's statements are so inconsistent that I cani'ot accept her .evidence that the pay was given to | her as her private property. Judgment would be for plaintiff, with costs.