Privy Council Court January 1942 Judgments

Guardian Trust and Executors Co. of New Zealand Ltd. Vs. Public Truste ...

Court: Privy Council

LORD ROMER: Miss Elizabeth Smith of Christchurch, New Zealand, died on 9th July 1935, having made a will on 8th June 1934, whereby she appointed as her executors the appellants, to whom probate in common form was granted on 19th July 1935. On 3rd April 1936, proceedings were instituted by two of the next of kin of the deceased for revocation of probate on the ground of her want of testamentary capacity. The proceedings were successful, and by order of the Court dated 17th December 1936, probate was recalled. The deceased had made no other will, and on 19th April 1937, letters of administration were granted to the respondent. In the meantime the executors had paid out of Miss Smith's estate sums amounting in all to $8450 in respect of pecuniary legacies which she had purported to give by her will to certain persons and institutions not being persons entitled to share in her estate on an intestacy. The question accordingly arose whether, having regard to the circumstances in which such p...