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THE HODDLE WILL CASE.
(FROM OUR MELBOURNE CORRESPONDENT. |
Thursday.
There was some discussion in court to
day about the Hoddle will case. Agnes
Wrigley, a daughter of the deceased,
Eobert Hoddle, is seeking to have pro
bate of her father's will revoked upon the
ground, of the undue influence exercised
over liim by his wife, Fanny Agnes
Hoddle. Mrs Wrigley, who is the wife
of Richard Sandwell Wrigley, of Gee
long, solicitor, has sworn a long affidavit
in support of the application. It appears
from this that Mr Hoddle. who was one
of the pioneer colonists, and had a
hand in laying out Melbourne,
died on the 24th October, 1881, at the
age of 87. He left his widow, Fanny
Agnes Hoddle (now Mrs Buxton), two
daughters and a son, aged respectively
17, 13 and 9. Ho left property valued
at £28,295, exclusive of other property
valued at £100,000, which he had pre
viously settled on his widow. On the
1st of December 1877 ho made the
will in question by which everything
was left to Mrs Hoddle. Mr Hoddle's
first wife died in 1862,and the next year he
married the lady who is now Mrs Buxton.
At this time Mr Hoddle was 69 and the
bride 20. It is alleged that she
acquired a great influence over him
and that for a long time previous to the
execution of the will lie was infirm in
mind and body. It is said that Mrs
Hoddle prevented visitors from seeing
her husband, and transacted all his.
business; also that she said she could do
what she liked with him. It is stated
that Mr Hoddle was always fond of his
children, and had frequently told them
that they would be very rich and inde
pendent after his death. Nothing, it is
alleged, had occurred to affect the
affectionate relations which existed
between father and children. Ac
cording to Mrs Wrigley's estimate
of her, Mrs Buxton is a woman
of strong will and determined domineer
ing disposition, and the daughter believes
that when her father executed the will
and the deed of settlement he was entirely
under the influence and control of his
wife, and utterly incapable of resisting
her importunities. A strong point .is
made of the alleged fact that Mrs Hoddle
appears to have taken a prominent part
in drafting alterations to the will. The
matter came up to-day upon the return
of the rule nisi. Mr Topp, representing
Mrs Wrigley, said it was intended
to apply to have the evidence taken
viva voce and also for a trial of issues by
a jury. As. there would have to he an
adjournment the question of trial by jury
or not might as well he disposed of. Mr
Higgins, on the other side, submitted
that before any arrangements should he
made for the trial, Mrs Buxton, who-was
at present in New Zealand, should have'
an opportunity of answering the affida
vits. It would. then perhaps be made
evident to the court that there was no
case for further inquiry. Mr Justice
A'Beckett concurred in this view. He
also expressed himself decidedly adverse
to a trial before a jnry. The matter was
allowed to stand over for a month.
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