WILL VALID

Waikato Times, Volume 125, Issue 20950, 1 November 1939, Page 9

WILL VALID

COURT’S JUDGMENT FAMILY DISPUTE HEARING After litigation extending over two and a-half days, the hearing of the dispute over the will of the late Mrs Wilhelmina Walker, of Paengaroa, concluded before the Chief Justice, Sir Michael Myers, in the Supreme Court, Hamilton, today, when His Honour pronounced for the will. Plaintiffs in the action were the Public Trustee, Mrs Mary Aileen Wilkins, Mrs Florence Ada Cawte (daughters of deceased) and Thomas Owen Wilkins (son-in-law of deceased), all represented by Mr A. L. Tompkins. The defendants were Francis Thomas Walker and Mrs Sarah Leonore Ansell, son and daughter respectively of the deceased. They were represented by Mr H. O. Cooney. Defendants opposed the proof of the will, alleging that the testatrix was not of a sound mind, and that undue influence had been exerted upon her by two of the plaintiffs. After hearing Mr Cooney, His Honour did not call upon Mr Tompkins to address him but delivered judgment. He said the defence did not pursue the assertion that the will was not properly executed. The evidence did not sustain the allegations of undue influence, and he was of the opinion that the testatrix was, at the time of giving the instructions for the will and executing it, of sound mind, memory and understanding. He thought the testatrix knew what she was doing and had reasons for making the will as she did.