INTERESTING WILL CASE.

Gisborne Times, Volume XXIX, Issue 3168, 14 March 1911, Page 6

INTERESTING WILL CASE.

MR. JUSTICE CHAPMAN'S JUDGMENT. (FEE PRESS ASSOCIATION.! CHRISTCHURCH, March 13. The judgment of his Honour Mr Justice Chapman in . the case of , Samuel Albert Staples v. Sarah Jessie Smith, an action to set aside probate of a will, was delivered to-day. The question raised was as to the testatory capacity of Richard Smith, a retired farmer, 80 years of age, who died, leaving his property to his wife, a comparatively young woman. His only sister, a married woman of 72 year's of age, opposed the will on the grounds of defective execution and want of testamentary capacity. The judgment set forth that it had been in evidence that testator had, some months before his death, said he would not leave his sister anything, as she would be worse off by losing her old age (tension. The will was drawn up by Dr. De Renzi when the testator was near death, and the doctor guided the testator’s hand in signing the will. The doctor told the testator that if he left everything to his wife he would draw up the will, but not otherwise. The evidence showed .that there was a doubt as to whether the testator saw the witness sign the will, and it was therefore held by the judge that the instrument could not be admitted to probate. The Judge stated that lie was not satisfied that the will represented an actual exercise of testamentary authority, but considered that all the parties had acted in good faith. It was ordered that the costs of both, parties, as between the solicitors and their clients should be. paid out of the estate of testator.