THE BAILEY V. ROSS WILL CASE.

Temuka Leader, Issue 2391, 4 August 1892, Page 2

THE BAILEY V. ROSS WILL CASE.

Mr Justiqe Dennis ton gave judgment at Christchurch yesterday in the cases of Bailey v, Boss. This was a case in which tlfp widow of Benjamin Bailey, of Timaru, sought to obtain an order recalling probate of the will of her husband, which was granted to D. M. Ross, an executor. The ground on which the order was sought was fljat certain dispositions in the will had been inserted by fraud. His Honour dealt exhaustively with the evidence, and the plea set up that a secret trust existed, and that a declaration of trust had been made before Captain Sutter by defendant. Not ojjjy had the declaration at the foot of the document above Setter’s signature been altered, bpt words ljad been inteir pointed bringing ip the panics of the family of the late A. Q. Stone. His Honour went on to say the result was to compel hi'd' to say that defendant had failed judicially to satisfy the conscience of the Coprt that the instrument propounded by defendant did contain the last will and testament of the deceased, in a matter which for his own soke it was peculiarly his duty to be frank, straightforward, and above board, his conduct hid hocn throughout tortuous :ta'l fine. Besides the ppsatisfactory character of his evidence and conduct, there was definite and distinct evidence absolutely inconsistent with the validity of tl|.e instrument propounded by him, and eminently unsatisfactory evidence as to the existence of the terms in the alleged trust, by which alone the bequest becomes possibly sustainable, Ho would pronounce against the instrument of December 1888 ; recall the probate of the sar,m granted in February, 188 b; and probate to be granted the will of IBSO, as it appeared in the draft produced from proper custody. On the request of Mr Kippeubergor His Honour ordered that the documents remain in the custody of the court until fun her order is made. Costs were allowed on the highest scale.