A SINGULAR WILL CASE.
The will case of Moss y, Somner and another now proceeding before the Chief Justice and a jury in Melbourne
is a decidedly lively and interesting case. Mr Moss was in the lightering business, and when he died at 80 years of age, a few months ago, he left behind him over £30,000, He had a family, some of whom when he died were old | men, and grown-up grandchildren, and naturally these expected to come in for his money. But after hia wife’s death a “ bad, bold, designing woman,” as the younger Mosses call her, in the person of Mrs Somner, took him in charge. He was a sufferer from a painful and incurable disease, and Mrs Somner nursed him, going to live at his heuse with him, actually sleeping in the same bed with him, and behaving to him not only as a kind nurse, but almost as a second wife. And to Mrs Somner therefore be left the bulk of bis fortune. The Moss family are now leagued against Mrs Somner to endeavour to upset the will on the ground that she used “ undue influence ” over the old man. They do not assert that lie was in any degree weak-minded ,- indeed, he was a particularly strongminded and obstinate old gentleman, who had fallen out with bis sons, thought they were longing for his death and delighted in picturing to himself their disappointment. “Ah!” he used to say ; “ what wouldn’t I give to look on at the reading of my will ? ” What they do urge against Mrs Somner is she was a woman of improper into the old man’s good graces on pretence of nursing him and by other means; that she poisoned his mind against them ; and that by her arts devices she completely dominated him, stubborn old man though he was. They have succeeded pretty well, with the help of Mr Purves, Q.C., the most relentless cross-examining counsel in the colonies, in proving her a woman of improper character. She was married at lb to Mr Paul, who deserted her and her two children in 1870. Then she went as a stewardess in a steamer, visiting Dunedin among other places, and eventually got to Melbourne, where she took a situation as barmaid in the Theatre Eoyal bars. There she met Mr Somner (either a brother ora nephew of a member of the the firm of Law, Somner,and Co.), with whom she went to live as his wife, they spent some time in New Zealand, where they made the acquaintance of aDr Eeatherstonhaugh. He seems to have paid their passages back to Melbourne, and eventually she, leaving Somner here, went to England and back with the doctor, bringing from England her two children and £2OOO “ concealed in her stays.” Somner and she went hotelkeeping here on the doctor’s money, and the doctor disappeared from the scene. She believes he is now in Brisbane starving, and if she wins the case she is going to do something for him. P Her first husband eventually turns up in Melbourne, and she admits passing two or three nights under the same roof with him, though she says she slept with her daughter. Then he went to England again, and was drowned —at least, she heard so, whereupon she got married to Somner, Mr Moss paying £IOO towards their expenses. How she made Mr Moss’ acquaintance was by kissing her hand to the old man in a hotel where they had sat opposite each other at the dinner table. These are some of the incidents in the career of Mrs Somner, who has had to undergo a terrible ordeal at the bands of Mr Purves, who has no consideration. He drove her into hysterics one or twice, hut was as relentless as ever afterwards; and certainly if one is forced to admit his skill no person with a trace of gentleruanly instincts can envy it. He had Mr Somner in the witness box also.
There is great interest in the probable of the trial. The Moss family scarcely deserve the money, and if the old man had made one thing more clearer than another it was that he did iiot intend to leave it to them. Mrs Somuer has extensive claims to the title of adventuress, no doubt, but it w ill surprise us if the jury can set aside the plainly expressed desire of t the testator.—Exchange.
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Temuka Leader, Issue 2014, 1 March 1890, Page 3
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740A SINGULAR WILL CASE. Temuka Leader, Issue 2014, 1 March 1890, Page 3
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