A DRAMA IN HUMBLE LIFE.

Waikato Times, Volume 2632, Issue 2632, 25 May 1889, Page 2 (Supplement)

A DRAMA IN HUMBLE LIFE.

DISPUTE ABOUT A GREENOCK] WILL. At the verdict of a jury sitting under Lord Wellwood in the action of redaction at the instance of Mrs Campbell, Belfast, against Mr and Mrs Thompson, Gr eeuock, was closed a few days ago the final act of what by Bench and Bar alike was termed a drama in humble life, tho circumstances of which are of considerable public interest. The plot opens in December, ISS6, when a small grocer in Market-street, Greenock, named Martha Henderson, was prostrated by a paralytic shock. For many years Miss Henderson had diligently attended to her business, living in a humble way in her back room, and was supposed to have accumulated a little money. On her seizure she was carried with her scanty belongings into the house of a neighbour, where shortly afterwards she was visited by her sister, Mrs Donaldson, with whom she had quarrelled many years before, and whom she had not seen for about twenty years. This woman at once secured the services of a missionary, and on 3rd January, 1887, had the invalid, against her wish, carried off to the hospital with her belongings, including a large tin bonnet box. Hints uow reached the missionary that this box contained money to a considerable amount, | and he called in a law agent, by whom a power of attorney in his favour was prepared and executed notarially on behalf of Miss Henderson, whose right arm was disabled by the paralysis. An examination of the box was then made, and over £1000 discovered in notes and gold carefully wrapped up in old stockings. Traces of Greenock Harbour Trust Bonds to the amount of £13000 were also found, but not the bonds themselves : and the agent at once set the criminal authorities to work to trace these, aud a sum of £45 said to have been left in a leather bag. Only £9 of the money was recovered, but the bonds were found concealed in Miss Henderson's bed. The missionary, however, was not for long allowed to fulfil his new function of secular adviser. Before leaving for the hospital, Martha Henderson had sent a message to Mrs Thomson, who had been her friend for more than thirty years, and on sth January receive! a visit from her. To her she explained how she had been bundled off to the hospital, and how, in the excitement of the moment she had allowed the missionary to take charge of her property. Naturally, however, she preferred to entrust this to an old friend rather than to a man she had not seen before, and requested Mrs Thomson to look after it. Mrs Thomson accordingly, on the suggestion of tho medical attendant., called in an agent, who, on tbe nth January took instructions in the presence of the house surgeon for a new power of attorney i.i favor of Mrs Thomson, and also for a will, and these wero executed next day in the presence of the house surgeon and modical man who attended Miss Henderson prior to her removal. The second authority was at once intimated, with a demand for delivery of the property ; but this the missionary refused, thinking that while it was a proper and judicious cnurso for Miss Henderson to entrust £1000 in cash to a man of his character, though an utter stranger, it was the height of impudence to do so to an old friend. Tho demand, however, was pressed, aud legal proceedings threatened ; whereupon ho, nlonif with Mrs Donaldson, on January 17th, presented to the Court of Session petition, stating that Miss Henderson was " incapable of mamiginsr her own affairs," and praying the Court to appoint a ri<rn/iir bonus to manage them for her. With this petition there were produced two medical certificates "on soul and conscience" that this was the case, although one of tho modical men could not strain his conscience further than " not thoroughly capable." This petition was served upon Miss Henderson, who was naturally furious at such a step taken by an unfriendly sister, and instructed it to be opposed to the utmost. Answors wero accordingly lodged for her, stating that, although physically weakened by the paralysis, her mental condition was perfectly clear, and certificates to that effect were produced from no less than five medical men, including her previous medical attendant, tho hospital surgeon, and tho visiting physician. Still, the missionary was not satisfied that ho was in tho wrong, and pressed his petition beforo Lord Trayner, who, in view of the conflict of medical testimony (not infrequent in Court), remitted to Sheriff Nicolson at Greenock to enquire and report. Before the Sheriff a long enquiry took place in spite of the protest bv Miss Henderson's agent that a porsoual visit by the Sheriff was all that was necessary, and after seventeen witnesses had been examined the Sheriff reported that, having visited her, he found her quito capable of understanding the position of her affairs. Upon this report Lord Trayner at once dismissed the petition, but as tho missionary had been put in a difficult position, ho *:as allowed £20 towards his expenses. So concluded the first act, Mrs Thomson being left in tho management. Act 2 opens with tho demand on behalf of Mrs Thomson for delivery of the property taken possession of by the missionary and his agent, which was met by a refusal, except upon payment of the whole expenses, amounting as claimed to over £120. This condition was declined, and a Court of Session summons at Mrs Thorr son's instance raised, when they gave up the contest, and handed over tho property. Meantime Miss Henderson bid been steadily improving iu health, and on 2fith April left the hospital, and by her own desire resided with her friend, Mrs Thi.mso i. About, thi• time Mi'b* Henderson resolved, what she had been considering for some time, to make a new will. By the first will, made when in the hospital, and in a critical state of health, she had left £1300 to a niece, Mrs Campbell, in Belfast, aud the remainder, except two legacies, to Mrs Thomson. With this niece she had not been on intimate terms, having seen her only three times in her life ; and ou reconsideration probably thought a near friend had more claim than a distant, relation. At all events, she, on 27th May, 1887, executed a new will, leavinir everything " to her old friend," Mrs Thomson. Such a will, made in favour of a stranger in blood, in whoso house the testatrix was living, wa> a delicate thing to execute, especially in view of the determined challenge of her capacity formerly mad"); and the agent took every precaution, having two medical men present, and sending the IK-an of tho local Faculty, as a perfectly neutral man, to act as notary for Miss Henderson, who had not yet the perfect uso of her right hand After this Miss Henderson continued to live with her friend till her death from a second stroke in April, IBBS Naturally the niece came over to the funeral of a relation who had left her £1.300, ard, usnatur.'illy, was chagrined to find herself left out by a subsequent will. The result was that again tho powers of the law were invoked, and an action raised at her instauco to cut down the second will, and so restore the first, on the grounds that Miss Henderson was not of " sound disposing mind," or at ariyrate that she was " weak and facile," and had been taken advantage of by Mrs Thomson. A defence of denial was lodged, aud on the 20th of January last tho trial of the question commenced beforo Lord Wellwood and a jury, and, after a keen fight of four who'll davs, terminated by a verdict for the defenders, unanimously on thequf'Stion of capa'-ih', and by a majority of ten to two on tho question of facility and influence. The conclusion of the drama therefore leaves Mrs Thomsou in possession of the whole estate, or rather so much of it as is left after it has satisfied tho demands of the various doctors I and lawyers who have been engaged iu the different' stages of the case.— Scotsman.