The death and wills of Joseph Partington 🌍

Joseph Partington, miller at Partington's windmill, was found dead in his cottage by the windmill at the age of 83 on 17th November 1941. The newspapers at the time reported his death - there were some unusual facts that came out quickly, particularly because there was much cash found in his home, but that was nothing to the saga that eventually played out over a number of years, principally around the existence or not of a number of wills Partington was known to have made.

In copyright material on this page is used under a Creative Commons New Zealand BY-NC-SA licence.

Note:

• Much of the newspaper coverage at this time was very repetitive, often including a canned and not particularly accurate history of the mill with every report. I have tried to call attention to known inaccuracies.
• The scanning of images from the Auckland Star is particularly poor - images have been converted to pure black and white, with none of the graduations of grey present in the printed images.

Mr Partington's death was reported in the papers of 18th Nov (though "today" in the reports refers to the previous day): Auckland Star, Volume LXXII, Issue 273, 18 November 1941

OLD MILLER
SUDDEN COLLAPSE
MR. J. PARTINGTON
HOARD OF MONEY FOUND

Slumped back in a chair in the kitchen of his home under the shadow of Auckland's oldest and most romantic landmark, the dead body of Mr. Joseph Partington, proprietor of the windmill near Grafton Bridge, was found by a tradesman at 11.30 a.m. to-day. There were the remnants of a meal upon a bare table beside which Mr. Partington had been sitting, his bed upstairs had not been slept in, and there was other evidence suggesting that death had come to the old miller suddenly. He was 83 years of age - only 14 years younger than the historic old mill itself, which he had tended since boyhood.
A solicitor, Mr. C. H. M. Wills, who had been summoned by the police, assisted in a search of the house and discovered a hoard of money hidden about the place. Mostly in single banknotes and ten shilling notes, the money found represented a considerable sum. It was stuffed in envelopes with the amount scribbled in pencil on the outside, in flat biscuit tins, tea canisters, and some bundles were carelessly tied with string, lying among a congested litter of personal odds and ends.
Rats had gnawed a way through some of the bundles, partially destroying notes. One estimate of the amount found was £4000.

Air of Desolation

For some time Mr. Partington had been receiving treatment for valvular disease of the heart. He had never married, and was a recluse. For a long time—at least three years—he had lived alone in the two-storeyed house beside the windmill. Earlier a housekeeper had looked to his creature comforts. When the police examined the house to-day it was in a state of great disorder. Piles of newspapers and old magazines littered tables and furnishings. Dust lay thickly everywhere. The house, which is of brick, is reached by a narrow winding path, through high grass, and is difficult to locate from the Symonds Street entrance. Few Aucklanders among the tens of thousands who pass daily would be aware of its existence. Gloominess and a great air of quietude is lent to the surroundings of the house by old trees, which practically cut the place off from the sun. Two dogs lay asleep in the backyard this morning when the police came, and on the front verandah an unopened milk bottle stood beside an ungathered newspaper.
The first indication that there was the likelihood of money being found was the apparent carelessness with which a ten shilling note had been left protruding from a bundle of newspapers and periodicals, in the room where Mr. Partington's body was found. The door of Mr. Partington's bedroom upstairs was broken open by a constable, in the presence of the solicitor, and in the confusion of papers and letters in scattered heaps a search was begun. The top drawers of a dressing table were first rummaged, and small amounts of money were found.

Is There Money in the Mill?

A bar of iron was used to break open the bottom drawers of the dressing table, and inside large bundles of notes were found, amidst piles of correspondence, old photographs mostly of a personal nature, and the souvenirs of a long lifetime. An old medal "presented to J. Partington in 1874" bore the inscription, "H. Kohn's Cadet Prize." A gold locket contained a miniature portrait, perhaps of Mr. Partington himself, and a lock of hair.
When the Star went to press Mr. Wills and two police officers were still searching. Constantly throughout the search more and more money was come upon. Whistles of surprise and exclamations of excitement greeted each further discovery, and the remark was passed. "If we go on like this much longer it will beat the Mrs. Merry case!"
"Four figures, yes," said Mr. Wills when asked to estimate the sum found at an early hour this afternoon, but he was careful to add that one would be "wildly wrong" in placing the amount at five figures as far as the search at that stage had revealed. It was thought possible, however, that more money might be found in the old mill itself.

Windmills An Obsession

Mr. Partington's life-long obsession had been windmills. His father had built the tall landmark outside, and he himself had increased its height and modernised it in important particulars, restoring it lovingly and evidently after the fire which so nearly destroyed it in 1931. Paintings and coloured photographs of the old mill—a favourite subject with amateurs and professionals since cameras were first brought to Auckland—were on the walls and others lay as though tossed carelessly in almost every room of the house. Commercial picture postcards of Auckland's old mill have found their way round the world, through the medium of tourists, most of whom have carried away a photographic souvenir of the old world in the newest of new world settings.
Bookcases downstairs revealed other evidences of Mr. Partington's intense interest in windmills. Well thumbed volumes of books treating of mills in lands abroad peeped out from among old volumes. Text books dealing with the technical aspects of flour milling were turned over in the course of the search. A vividly-coloured paper-back stood out amidst the time-dulled volumes of Victorian vintage. A reporter turned it, over. It was "The Windmill Mystery." Little would Mr. Partington think when he came by the book that he himself would provide, in perhaps a minor way, another mystery of the windmill.
Dr. C. E. A. Coldicutt said to-day that although he had been attending Mr. Partington for heart trouble for some time he knew little about him. Mr. Wills said few people knew anything about the personal affairs of the old miller. A married sister had been dead for some time and somewhere there was a nephew.
Mr. Partington had two brothers— Mr. Tom Partington, who died about two years ago, and Mr. George Partington, who died about four years ago. The late Mr. Tom Partington's son is Mr. Charles Partington, who previously was employed as an electrical engineer in Auckland.

City's Landmark

The windmill was built 97 years ago by C. F. Partington, an engineer and millwright. It was said to be the only wind-driven mill in Australia or New Zealand. Clay taken from the site of the building was used for making bricks for the superstructure. In places the wall was three feet thick. In the early days of Auckland the mill was used for the manufacture of flour for the Imperial troops during the Maori wars, and for residents as well. The sails of the mill were removed temporarily early in the present century, when work ceased at the mill, but they were restored later by Mr. J. Partington. He also raised the height of the mill from 60ft to 80ft.
In a storm in 1924 two of the original four sails were damaged beyond repair and they were not replaced owing to the difficulty of obtaining the necessary pitch pine used for the sails of windmills.

A Tower of Flame

On the night of Monday, February 16, 1931, the historic city landmark caught alight and was a tower of flames when the fire was in full possession. The blazing sails flaming against the night sky were an awe-inspiring spectacle, watched by a crowd of 10,000 people.
At the height of the fire the central brigade received a call to Federal Street, and part of the fire-fighting plant had to be rushed away to a destructive blaze which raced through a block of four buildings running from Federal Street to Hobson Street, and in which damage estimated at over £100,000 was caused.
The fire in the mill had its origin in an adjacent wooden building used as a store and garage. The flames leapt into the old landmark and the iron roofing became red hot, so that for miles around the historic mill was more prominent than it had ever been before. When all was over the two wooden sails were only charred skeletons. A tiny windmill on the edge of the roof was destroyed, but the stout beams supporting it did not collapse.
While the mill was ablaze there was always uncertainty as to whether the walls would be able to withstand the terrific heat, and added to this was the fear that the heavy machinery within would collapse. Water had to be directed through narrow window apertures, many of them at a considerable height above the ground. At the time of the fire the mill was divided into ten storeys. The tower contained machinery weighing approximately 15 tons, and on the fourth floor there was about 10 tons of machinery. Damage caused to the mill was estimated at £2000. It was explained that windpower was used when convenient, and machinery at other times was driven by an electric auxiliary plant.
As there were four mill stones, each weighing one ton, on the third floor, a telescopic ladder was required to make a survey of the building after the fire, as it was too dangerous to venture inside. The experiences of the Auckland Fire Brigade on the night of this fire were the worst in the memory of Superintendent W. L. Wilson, the outbreak at the windmill making it impossible, during the early stages, to deal adequately with the inferno in Federal Street.

MR. JOSEPH PARTINGTON as he was about sixty years ago. No more recent photograph was available when a search was made to-day.

GIFT ASSURED
Famous Landmark Willed To City
THE OLD WINDMILL
PROVISION IN WILL

Provision is contained in the will of the late Mr. J. Partington for the vesting of the old windmill and the surrounding property in the Auckland City Council as trustees for the citizens. The property was estimated five years ago to be worth £100,000.
It was thought at one stage this morning that some difficulty might arise in this connection because of a rumour that a will had not been found. Mr. Partington's solicitor, Mr. C. H. M. Wills, disclosed this afternoon, however, that he had a copy of the will at his offices and that it contained full provision in this regard. The preservation of the mill as an historic landmark is therefore assured.

Mill Was Threatened

The announcement by Mr. Partington concerning his intended gift to the city was made five years ago at a time when the Auckland Metropolitan Fire Board was seeking to take over the property as a site for a large modern fire station. It was stated by the board at the time that there was no intention on its part to demolish the Old Mill, but Mr Partington considered that the existence of his property, in its historical connection, was threatened and he opposed the proposal bitterly. In this resistance he was joined by a large number of citizens and a petition was drawn up and signed by a very large number of people protesting against any suggestion to interfere with the Old Mill.
Various organisations joined officially in the protest, and there were several approaches to the Auckland City Council regarding the matter. Finally, in November, 1936, Mr. Partington wrote to the council notifying his intention to vest the Old Mill and the surrounding property in the City Council as trustee ... "for the purpose of preserving the Old Mill for all time."
"It is understood, of course," he stated, "that this intention has been fully provided for in my will and that until my death the windmill and my property remain absolutely my own. I had no thought of disclosing my intention until I was forced to do so by the attempt of the Auckland Metropolitan Fire Board to seize my land and windmill.

Ambition Fulfilled

"It has been my ambition for years to see that when I am gone the old windmill is preserved and kept and worked as a windmill. I have bought up the surrounding land as opportunity offered to prevent the erection of large buildings which would block the wind and the view of the old windmill."
On September 21 the Mayor, Sir Ernest Davis, announced this intention to the council, stating that the property was estimated to be worth £100,000.
"This most public-spirited gesture on the part of Mr. Partington," he said "will re-kindle in all of us, I am sure, that sense of civic pride which is so characteristic of Auckland ... it is a source of gratification to know that the preservation of this historic landmark to future generations will be assured. At the same time, had these steps not been taken by Mr. Partington, I am satisfied that public sentiment would not have stood for the demolition of the mill. ..."

ANOTHER HOARD
AUCKLAND IDENTITY
PROPRIETOR OF OLD MILL

(P.A.) AUCKLAND, This Day. Mr. Joseph Partington, proprietor of Auckland's famous windmill built on an elevated site near the city 97 years ago, was found dead about noon today in his residence close to the mill. He was 83 years old, unmarried, and for the last three years lived alone.
While his solicitor was searching for a photograph at the request of newspaper representatives, he found bundles of bank-notes in envelopes, tins, and other receptacles, mostly in locked bottom drawers of his dressing-table. The bedroom door was locked. A quantity of silver and copper coins was also found.
The money discovered has not yet been counted.
In the early days the mill was used for the manufacture of flour and supplied the Imperial troops during the Maori wars. The mill still operates.
Mr. Joseph Partington was the son of the founder. A tradesman found his body slumped back in a chair in the kitchen. There were remnants of a meal on the bare table. His bed upstairs had not been slept in.

WEALTHY RECLUSE
OLD MILL OWNER
MR. PARTINGTON DEAD
£100,000 CITY BEQUEST
MONEY FOUND IN HOME

The owner of Auckland's most picturesque landmark, the old windmill in Symonds Street, Mr. Joseph Partington was found dead in his house adjoining the mill yesterday morning. He was aged 83 years. In odd corners all over the house where Mr. Partington lived alone were found bundles of banknotes to the value of £2350.
Mr. Partington announced in 1936 that provision had been made in his will to bequeath the mill and surrounding properties, valued at some £100,000, to the city. Although the original will was not found yesterday, his solicitor, Mr. C. H. M. Wills, said a copy of it was lodged in his office. He had been speaking to Mr. Partington on testamentary matters a few days before his death and he intended the bequest to stand.

Mill Operated Single-handed

For some time Mr. Partington had been suffering from heart trouble and had been attended by a doctor. He was unmarried and lived the life of a recluse except for business associated with the working of his mill, which he was operating single-handed the day before his death. However, a nurse had been in attendance frequently recently on account of his failing health.
The old miller was found dead in the kitchen of his house with the remnants of a meal on a bare table beside him. The house was found in a state of disorder, with dust and litter everywhere. It is reached from Symonds Street by a track through long grass bordered by hawthorn hedges and is set amid trees which almost obscure the sun.

Hidden Banknotes

In a search of the house the police and Mr. Wills found large numbers of banknotes hidden in most unlikely places. They were in envelopes scattered among papers, in tins, sacks, bottles, under the bed. Bundles tied loosely with string had been gnawed by rats. Most of the notes were in £1 and 10s denominations. A brief examination of the mill failed to reveal further money, but the search will be continued to-day. A police guard was placed on the mill and house last night.
Built 97 years ago by Mr. Partington's father, Mr. C. F. Partington, the mill, known as the Victoria Flour Mills and Steam Biscuit Factory, supplied flour for Auckland from the city's earliest days. The walls in places are 3ft. thick and it is divided into 10 storeys. Heavy milling machinery is installed in the tower and upper floors.

Severe Damage by Fire

After many years of service the sails were taken off and work ceased at the mill, but the late owner restored the sails and resumed operations. He also increased the height of the building from 60ft. to 80ft. Two of the sails were wrecked in a storm in 1924. Difficulty was found in securing the pitch pine needed for new sails and they were not replaced, although Mr. Partington several times expressed his intention of restoring them.
The mill suffered its worst ordeal in 1931 when it caught fire on the night of February l6. Thousands of people watched the historic landmark blazing like a beacon against the night sky. At the height of the fire another outbreak occurred which destroyed a block of buildings in Federal Street, necessitating the diversion of some of the fire-fighting forces.

Still in Good Order

Although severe damage, amounting to several thousand pounds, was done, the mill was restored to working order by Mr. Partington, who made it his chief interest throughout his life. His intense interest in windmills was shown by the many books on the subject found in his house after his death.
The mill remains in good working order to-day. The sails have not been used for the last few months owing to the need for minor repairs, but it can be operated by electrical machinery installed by Mr. Partington, who in his early days served an apprenticeship as an engineer. Of recent years he had not replaced employees as they became too old to work and eventually he had operated the mill single-handed. He always had ample orders - indeed more than he could supply. It is understood the licence to operate the mill under the Government's control of the industry expires with his death.

Terms of Bequest

Alarmed by a proposal in 1936 that the windmill site should be used for a central fire station, Mr. Partington announced that he had left the mill and surrounding property to the city in his will. Clause 3 of the will stated that he devised to the City Council to be held for the free enjoyment of the citizens of Auckland for ever "my windmill, affectionately known as 'The Old Windmill,' together with all those pieces of land owned by me and situated in that area bounded by City Road, Liverpool Street, Symonds Street and Karangahape Road."
Conditions were that the mill be kept in good working order, never to be demolished and never to be utilised or adapted for any other purpose than that of a windmill, and that all other buildings on the land be kept in good order as long as practicable. When the buildings had to be pulled down owing to disrepair, no new premises should be erected, and the land should be laid out in paths, lawns, gardens and ornamental shrubs and trees. The property was to be known as Partington Park.

Extensive Area Owned

The land owned by Mr. Partington comprised over an acre in the block bounded by the streets named in the will. In addition to the drive giving access to the mill, he owned in Symonds Street the original Partington homestead, occupied for many years by Baroness de Thierry. He owned all but two of the sections on the south side of City Road, and also properties fronting on the private road giving access to the mill from Liverpool Street. An extensive area in the centre of the block surrounds the mill and Mr. Partington's house. There are nine houses on the properties.
In his bitter opposition to the taking of the area for a fire station Mr. Partington was supported by numerous organisations and citizens. On the announcement of his intention to leave the property to the city, the City Council expressed its high appreciation of the proposal. It is understood Mr. Partington had interests in addition to the property surrounding the mill and the money found in his house.
Mr. Partington's brothers and sister predeceased him. His nearest relatives are nephews and cousins.

CITY LANDMARK: The old Symonds Street windmill, property of Mr. J. Partington, whose death occurred yesterday. The picture was taken when the mill had four sails.

END OF AN ERA
DEVOTION TO MILL
LATE MR. PARTINGTON
WORKED SINGLE-HANDED

The last chapter of a romantic story was written yesterday when death separated Joseph Partington from the old mill that he had loved and tended during a long lifetime. Only the day before, alone amid the rusting machinery of an undertaking once famous beyond New Zealand, his sure hands had set in motion the ponderous stones as they had done, without aid, for nine years.
In the quietness of this city backwater, where life has flowed uninterrupted for nearly a century, there was mute evidence to-day that an era had ended. While trustees rummaged through the piles of papers in the two-storeyed house in the shadow of the mill, the huge brick structure that has brooded over the city for so long was strangely quiet.
In one corner of the round base of the mill was a small bench; on it an almost hairless hand brush, a circular sieve, a dozen small bags of wheatmeal. They were all neatly sewn but one, this containing possibly the last meal that the old mill will grind. In it was a needle and thread, with the stitches unfinished.
In a corner of the house lay a dusty miller's coat, tossed near the chair where a few hours later Mr. J. Partington was found dead. Outside, lying patiently in the sun, looking appeahngly at all callers, were the old miller's faithful terriers, Snow and Goldie.

Now a Legend

Many stories are told of the old miller who has now become a legend. Some are unkind, some are bizarre, all are paradoxical.
An intimate friend of 20 years' standing, Mr. D. Bradley, St. Mary's Road, presents a picture of a kindly old man who loved birds and music, but who insisted that what was due to him should be rendered to him; rather that it should be rendered to the mill, which was the beginning and end of his life.
"At heart Mr. Partington was kindly," he said. "He told me on many occasions that it was his intention to leave the mill and its surroundings to the city. I knew about the money he had about him in the house. He said he wanted to keep it handy to give to people who had been kind to him during his lifetime when he was dying. But he died suddenly and was lonely at the end."
There are tall trees about the house and the mill. A pink hawthorn is showing its first bloom. "He loved these trees," said Mr. Bradley. "It was his hope that the area round the mill would be turned into a park, with trees for the birds that he loved to nest and sing." Built on to the stout walls of the mill itself is the original cottage that housed those who have tended the mill during many, generations. It has been burned out, and now remains but a mass of charred timbers, with holes gaping in the roof. The biscuit factory, once famous for the quality of its wares, is a jumbled mass of derelict machinery. When the miller had disputes with his workmen he closed it down. It has not been worked since.

Sound Brickwork

There are few evidences to-day of the fire which enveloped the mill many years ago. Its brickwork is sound, its charred timbers have been whitewashed. Upstairs are the huge millstones, which Mr. Partington sharpened with his own hands. Below is the motor and generator which he laboriously carried and fitted to turn the stones when the sails were out of use.
But the dynasty of the Partingtons is not an unbroken one, and an interlude when it was in the possession of the Wilkinson family was related to-day by Mrs. W. Betts. of Avondale. She said that her grandfather, Mr. James Wilkinson, assisted Mr. C. F. Partington, the late owner's father, to build the mill, and on the death of the original Partington the mill passed into the possession of her grandfather.

Sold By Son

"We had the mill for many years, and I and my brothers and sisters were brought up in the cottage nearby," said Mrs. Betts. "Then grandfather became seriously ill and one of his sons, Robert Wilkinson, persuaded him to make over the mill. With Mr. Partington the mill was then an obsession, but my grandfather would never sell it to him. But as soon as it passed into Robert Wilkinson's hands he sold it cheaply to Mr. Partington. "My grandfather recovered, but never got over the shock of finding the mill had been sold. He died a few years later."
Mrs. Betts said that Sir James Gunson was a frequent visitor to the mill during her grandfather's occupancy, and often used to assist in winding the wheat on a winch up six storeys. One of the Wilkinson brothers, William, who died in Auckland a year ago after long residence in the United States, once startled the household by manufacturing a parachute from an umbrella and attempting to jump from the top of the mill. He was hauled back in time. Later he invented an appliance for use with aeroplanes. On one occasion, when the sails started shedding pieces of timber during gales, endangering those below, Mr. Wilkinson made a trip to Ireland in an endeavour to get new ones. He was unsuccessful, and with the aid of two German workmen took the old ones down and repaired them.

Over £2350 Found

The actual sum in banknotes found in the house yesterday was £2350, and a further small sum was discovered to-day. Although Mr. Partington enjoyed excellent health, a nurse had frequently been in attendance recently. For many years a neighbour brought his dinner to him, but he invariably cooked porridge for himself in the mornings. He worked long hours in the mill by himself, sometimes from daylight to dark, and his energy was stated by his friends to be prodigious.
He always had ample orders, sometimes more than he could supply. The sails have not been in use during the past few months owing to the need for minor repairs, but Mr. Partington, who in his early days served an apprenticeship as an engineer, used the electric plant. It is understood that the license to operate the mill under the Government's control of the industry expires with his death. Last night a police guard was placed over the mill, but was with drawn to-day when the trustees resumed their search of the dead miller's effects.

Old Mill Owner In City The late Mr. Joseph Partington (right), with his greatest friend, Mr. D. Bradley, snapped in Queen Street about two months ago.

ADVICE AWAITED
PARTINGTON GIFT
CITY COUNCIL'S POSITION

Not until official advice is received from the late Mr. Partington's Solicitor will the Auckland City council be aware of the conditions attached to the gift of the old windmill property for conversion into a park and it will then be for the council to decide what policy to adopt to develop the gift area.
The opinion in civic circles is that the gift is both valuable and appropriate, as the site is on what is regarded as the geographical centre of the city, and it has a great historical interest on account of the old windmill, which for many years has been considered Auckland's most notable landmark. Bounded by City Road, Liverpool Street, Karangahape Road and Symonds Street, the property has good access, a commanding position, and would lend itself readily to both beautification and a layout for a small park or reserve in which the windmill, so well known to Auckland people, could be a central feature.

Other Reserves

There is already in the locality a small reserve on the frontage of the old cemetery at the junction of Symonds Street and Karangahape Road, which is laid out with ornamental trees, rockeries and lawns, while Myers Park, a larger area comprising six acres, is not far away. In an adjoining locality, at Basque Road, in the gully between Newton Road and Eden Terrace, a children's playground is in course of construction at a cost of about £12,000, the work being undertaken because there were no parks or reserves in that locality.

Asset for Future

The chairman of the parks committee of the Auckland Cfty Council! Mr. J. L. Coakley, said this morning that the gift would be a wonderful asset to the city, as areas of any size in that part of Auckland were most difficult to obtain. According to the will, it appeared that buildings on the property would have to remain until they were condemned, and that might mean it would be some years before a park plan could be gone on with. There would be no doubt about the value of the property as an open space in the years to come, and it could be regarded as one of the finest gifts that had been made to Auckland.

Town Clerk's Statement

The town clerk, Mr. James Melling, said that until the official communication advising that the late Mr. Partington's property had been bequeathed to the city came to hand no action could be taken. When that advice was received, the council could discuss the matter and decide on what action should be taken.

TO BE DEVELOPED AS A CITY PARK.—This photograph of the late Mr. Joseph Partington's 97-year-old windmill shows Auckland's picturesque and most characteristic landmark from a new angle. The foreground, part of which is included in the £100,000 bequest to the city reveals the possibilities of developing the area as a park, in keeping with Mr. Partington's intentions. (See story below.)

IN GRAFTON GULLY
MILL OWNER BURIED
CEREMONY AT GRAVESIDE

Beneath Grafton Bridge, within a stone's throw of the old mill he tended during his lifetime, Mr. Joseph Partington was laid to rest this morning. It was a simple burial, but round the family plot in the old graveyard there was a large gathering. A few were relatives, there were many who had known the old miller during his long association with the city, and there were others attracted by the circumstances of his death.
Among the family graves, only a few yards from Symonds Street, are those of Mr. Partington's father, Mr. C. F. Partington, builder of the mill, his mother, who lived to be 91, his brothers and also three children of Partington families. Mr. Partington was a bachelor.
The brief chapel service and the ceremony at the graveside were conducted by Rev. R. N. Alley, Presbyterian Church, Sandringham. The pallbearers were Messrs. A. E. Patterson, Te Awamutu, whose wife is a niece of the late Mr. Partington, H. Goldie, C. Partington. R. A. Partington, Whangarei, D. Bradley and C. H. M. Wills.
Among the floral emblems laid on the grave was one from the Auckland City Council, while the citizens of Auckland, to whom Mr. Partington has bequeathed his £100,000 property, were represented by the town clerk. Mr. J. Melling.
It was recalled to-day that the old mill has an interesting association with Rugby football. In the 1895-96, the Grafton and Newton Clubs used the old barn at the windmill for a practice shed, and some of Auckland's most prominent Rugby players of that period spent many winter evenings packing scrums within its walls.

MILL OWNER'S GRAVE
GRAFTON GULLY SITE
LITTLE MORE MONEY FOUND

The owner of the old windmill in Symonds Street, the late Mr. Joseph Partington, will be buried this morning within a stone's throw of the mill he loved. The interment will be in the old cemetery in Grafton Gully, now not generally used, where other members of the family are buried.
The Partington graves are directly under Grafton Bridge, a few yards from Symonds Street. The tombstones date back to 1854. There lie Mr. Partington s father, Mr. C. F. Partington, builder of the mill, his mother, who lived to be 91, and brothers. Among the graves are those of three children, one or whom, it is said, was killed in an accident in the mill.
A further thorough search of the mill and Mr. Partington's house yesterday failed to yield any more large sums or money, the total amount found being only a little over £l. Some surprise was felt at first that no silver had been discovered, but it has since been learned that it was Mr. Partington's practice to convert any sums he had into banknotes.
Commenting on the history of the mill, Mrs. W. Betts, of Avondale, said yesterday that it had not been in the uninterrupted possession of the Partington family throughout its 97 years. Her grandfather, Mr. James Wilkinson, who helped Mr. C. F. Partington build it, bought it from him, and she lived in a cottage at the base of it as a child. Almost all important visitors to Auckland climbed to the top of the windmill in those days to see the view, as it was the tallest building in the town. One of Mr. Wilkinson s sons eventually sold the mill back to the last owner, Mr. Joseph Partington.

RESIDENCE OF WEALTHY RECLUSE: The home of Mr. Joseph Partington, where a considerable sum of money has been found. It adjoins the old windmill. Inset: A recent picture of Mr. Partington.

OLD MILL
CITY BEQUEST
NEW DEVELOPMENT
SECOND WILL MADE

A thorough and exhaustive search of the house, mill and outbuildings for a will of the late Mr. J. Partington has been made during the last three days by his solicitor, Mr. C. H. M. Wills, accompanied by Mr. H. W. Fiddes, barrister, of Auckland, but no will whatever has been found.
The following statement, prepared for the newspapers, was issued today by Mr. Wills:—
Under the terms of the will prepared in 1936, Mr. Wills was appointed a trustee. It will be remembered that it was at that time that Mr. Partington formally communicated his testamentary intentions to the Auckland City Council and to the Auckland public, when an attempt was made by the Metropolitan Fire Board to take the mill and land for a fire brigade station. By this will the mill and all the late Mr. Partington's property bounded by Karangahape Road. Symonds Street, City Road and Liverpool Street was devised to the Auckland City Council on the following terms:—
(1) That the Old Mill was to be kept in good working order as a windmill, and never to be destroyed or used for any other purpose.
(2) That the other buildings were to be kept in repair until past repair, when they were to be demolished and the land laid out in lawns, trees and shrubs. In the meantime, the rents from the houses were to be used to maintain the property.
(3) That the area was to be known as "Partington Park."
By this will he further bequeathed to the Auckland War Memorial Council all his photographs, prints and paintings of early Auckland, of which the late Mr. Partington had a valuable collection. The rest of the estate has been bequeathed to certain relatives.
It now appears that during a period of ill-health, during the latter part of 1940, a certain firm of land agents whom he had employed temporarily to collect his rents took the old gentleman down to their solicitors, where he signed another will. The will was word for word the same as that prepared by Mr. Wills in 1936 with two exceptions, namely:
(1) These two land agents were appointed the sole executors and trustees.
(2) These two land agents were appointed the sole agents for their respective lives for the letting and collecting of rents from all the late Mr. Partington's properties devised to the City Council.
The existence of this will was unknown to Mr. Wills until after the late Mr. Partington's death. It cannot be denied that the late Mr. Partington's powers were declining during the last two years or so, but his fixed determination to preserve the mill and surrounding land for all time is so well known to Mr. Wills, who has acted for him continuously for the last ten years, and saw him frequently on business even to a day or so before his death, that Mr. Wills is taking immediate steps to uphold Mr. Partington's intentions and wishes as expressed in 1936.
Application is being made forthwith to the Supreme Court for probate in solemn form of the 1936 will, but the matter cannot be decided until the next sessions, commencing in February, 1942.
In the meantime Mr. Wills is asking the Supreme Court to appoint an interim administrator to guard the estate.
When Mr. Partington's intentions were published in 1936, the approximate value of the estate was said to be £100,000.

MISSING WILL
MILL OWNER'S ESTATE
CITY BEQUEST POSITION
More papers to be examined

The will of the late Mr. Joseph Partington owner of the old windmill in Symonds Street, leaving the mill and surrounding property to the city, has still not been found.
A report that Mr. Partington told a friend shortly before he died that a later will had been made and that he was leaving nothing to the city was referred last night to his solicitor, Mr. C. H. M. Wills. He said the matter had been brought to his notice, but from the account of the conversation given to him it appeared that Mr. Partington had said his interest was the preservation of the mill rather than the aspect of the bequest as a gift to the city. He had heard nothing of the existence of a later will.
Mr. Wills added that in his opinion the bequest to the city was perfectly safe. Mr. Partington publicly announced his intention of making the bequest in 1936, and, as already stated, he had a copy of the will giving effect to this wish in his office. In conversation with Mr. Partington a few days before his death, Mr. Partington had made it clear that he intended the bequest to stand.
The will may yet be found in the house adjoining the windmill. For the last three days a search has been made for the document, but large numbers of papers have not yet been examined. Mr. Partington appeared to have kept every paper or letter he ever received. Some of them date back to 1870, and bundles of them have been found in all parts of the mill and house. Some have been gnawed by rats, while others are in good condition. No action has so far been taken by the City Council in the matter.
The funeral was held yesterday. Mr. Partington was buried in the Grafton Gully cemetery directly under Grafton Bridge, where other members of his family are buried. There was a large gathering at the graveside. The ceremony was conducted by the Rev. R. N. Alley, and the pallbearers were Mr. C. Partington, Mr. A. E. Patterson, Mr. H. Goldie, Mr. R. A. Partington, Mr. D. Bradley, and Mr. C. H. M. Wills. The City Council was represented by the town clerk, Mr. J. Melling.

OLD WINDMILL
WILKINSON FAMILY'S PART

Dealing with the connection of the Wilkinson family with the Old Windmill, Mr. Thomas J. Wilkinson. a grandson of a former owner of the mill, Mr. James Wilkinson, explained to-day that his grandfather had not assisted the original Partington to erect the building. He said that the mill had been built about 20 years before his grandfather arrived in New Zealand, according to family records and the family Bible.
"As far as the Wilkinson family is concerned my grandfather was the only one who ever owned the place," Mr. Wilkinson said. "The only interest my father, Mr. Robert Wilkinson, ever had in it was the fact that he worked in it. The mill was eventually put up at public auction by my grandfather and was bought in on behalf of the late Mr. Joseph Partington." He added that when the old sails were taken down by his grandfather the timber from them was bought by a cabinetmaker in Hobson Street and cut up for making furniture, the cabinetmaker increasing interest in his wares by stressing the fact that they were constructed from wood from the Old Windmill.

SECOND WILL
MILL OWNER'S ESTATE
COPIES OF DOCUMENTS
STATEMENT BY SOLICITOR

A further development regarding the will of the late Mr. Joseph Partington, owner of the old windmill in Symonds Street, occurred yesterday when it was stated that Mr. Partington had signed a will as recently as last year, about four years later than the one he made with his solicitor, Mr. C. H. M. Wills. Both documents at present available are copies, and in neither case has an original been found.

Bequest to the City

In a statement issued yesterday, Mr. Wills said inter alia:
Under the terms of the will prepared in 1936 Mr. Wills was appointed a trustee. It will be remembered that it was at that time that Mr. Partington formally communicated his testamentary intentions to the Auckland City Council and to the Auckland public, when an attempt was made by the Metropolitan Fire Board to take the mill and land for a fire brigade station. By this will the mill and all the late Mr. Partington's property bounded by Karangahape Road, Symonds Street, City Road and Liverpool Street was devised to the Auckland City Council on the following terms: —
(1) That the Old Mill was to be kept in good order as a windmill, and never to be destroyed or used for any other purpose.
(2) That the other buildings were to be kept in repair until past repair, when they were to be demolished and the land laid out in lawns, trees and shrubs. In the meantime, the rents from the houses were to be used to maintain the property.
(3) That the area was to be known as "Partington Park."

Changes in Later Will

By this will he further bequeathed to the Auckland War Memorial Council all his photographs, prints and paintings of early Auckland, of which the late Mr. Partington had a valuable collection. The rest of the estate has been bequeathed to certain relatives.
It now appears, Mr. Wills continued, that during the latter part of 1940, Mr. Partington signed another will which was word for word the same as that prepared by Mr. Wills in 1936 with two exceptions, namely:—
(1) Two land agents were appointed the sole executors and trustees.
(2) These two land agents were appointed the sole agents for their respective lives for the letting and collecting of rents from all the late Mr. Partington's properties devised to the City Council.
The existence of this will was unknown to Mr. Wills until after the late Mr. Partington's death, and Mr. Wills stated that he is taking immediate steps to uphold Mr. Partington's intentions and wishes as expressed in 1936.
Application is being made forthwith to the Supreme Court for probate in solemn form of the 1936 will; but the matter cannot be decided until the next sessions, commencing in February, 1942.

Asks For Supreme Court Action On Partington Will
[Special to “Northern Advocate”] AUCKLAND, This Day,

An exhaustive search of the late Mr. Joseph Partington’s house and old windmill has failed to reveal any trace of a will. In a statement issued to the Press Mr. C. H. M. Wills, Mr. Partington’s solicitor, explained that under the terms of the will prepared in 1936, the mill and all Mr. Partington’s property was bequeathed to the Auckland city providing the old mill was kept in good working order and was never destroyed or used for other purposes.
The other buildings were to be kept in good repair until past repair, and then demolished and laid out in lawns, trees and shrubs. In the meantime the house rents were to be used to maintain the property. The whole area was to be known as Partington’s Park.

Signed Second Will

It now appears, Mr. Wills continued, that during the latter part of 1940, Mr. Partington signed another will, which was word for word the same as that prepared by Mr. Wills in 1936, with two exceptions, namely: (1) Two land agents were appointed the sole executors and trustees; (2) these two land agents were appointed the sole agents for their respective lives for the letting and collecting of rents from the late Mr. Partington’s properties devised to the city council.
The existence of this will was unknown to Mr. Wills until after the late Mr. Partington’s death, and Mr. Wills stated that he is taking immediate steps to uphold Mr. Partington’s intentions and wishes as expressed in 1936.
Application is being made forthwith to the Supreme Court for probate in solemn form of the 1936 will, but the matter cannot be decided until the next sessions, commencing in February, 1942. In the meantime Mr. Wills is asking the Supreme Court to appoint an interim administrator to guard the estate.

WILL STILL MISSING
MR. PARTINGTON'S ESTATE

Further search for a will of the late Mr. Joseph Partington, owner of the old windmill in Symonds Street, has been fruitless. In view of the position that has arisen through Mr. Partington making a second will in 1940, his solicitor, Mr. C. H. M. Wills, intends this week to file an application to the Supreme Court for the appointment of an interim administrator for the estate. He stated yesterday that the City Council, which is interested in the future of the mill and surrounding property, had agreed to this course.
Meantime it has been necessary to appoint a man to tend the mill, as the sails must always be kept turned into the wind. The interest aroused in the mill has attracted many sightseers since Mr. Partington's death, especially at week-ends. Most are content to view the mill from the roadway but some have attempted to wander through the outbuildings and even enter the mill. Large numbers of people have also proferred suggestion as to where the will might be found, but none of the suggestions has yielded results.

MR. PARTINGTON'S WILL

Advice that probate of the will of the late Mr. J. Partington, in which the council was a beneficiary, was to be sought, was received by the City Council from the city solicitor, Mr. J. Stanton, last night. He stated that it should be unnecessary for the council to do more than enter a formal appearance and leave the conduct of the action in the hands of the plaintiffs. The council decided to give the city solicitor authority to act.

The City

Over the strange volcano strikes the sun,
And lights the grassy mounds of Eden's hill.
The Head with hidden battlements looks on,
And stares unmoving Partington's old mill.

Red Ponsonby reflects the early glow,
Parnell's dull roofs a stray shaft bravely burns
And Roskill's ancient heights are touched below,
Half-darkened Newton to a garden turns.

Soft waves caress Orakel's curving bay,
Blue waters lead the eye along the lea,
The silent patient ships catch up the ray,
Lovely and heartening is the morning sea.

Through all this quiet peace there lurks a doubt,
A thousand thousand feel their hearts astrain,
But each to each may, all unfearful, shout -
"This is my city: so it shall remain!"

CRETAN. Auckland, February 28, 1942.

OLD WINDMILL
NOT FOR CITIZENS
MR. PARTINGTON'S WILLS

"He may have changed his mind and destroyed his will deliberately. I do not feel therefore that the council is refusing to accept something that was quite certainly or definitely intended for it." This statement was made by the Mayor. Mr. J. A. C. Allum, at last night's meeting of the City Council when reporting on the estate of the late Mr. Joseph Partington, who died towards the end of last year, bequeathing the council the old windmill in Symonds Street and the properties surrounding it.
Mr. Allum said the council had two alternatives. It could ask the executors to proceed at the council's expense and risk with appropriate legal proceedings in an endeavour to obtain probate of one or other of the two wills, neither of which could be found. Failing to do this the council could intimate to the executors that it was not prepared to sponsor any proceedings, and they and the next-of-kin must take such action as they thought right. He recommended the latter course.
In explaining his reason for the recommendation, Mr. Allum said that in the events that had happened he could not feel entirely certain that when Mr. Partington died he still wished the council to have the mill. Even if the council obtained the property it was burdened with mortgages totalling £6700, and under the terms of the will the income from the property (about £3000 per annum gross) could not be used for the purpose of paying either principal or interest payable under those mortgages. Possibly relief might be obtained by means of an Act of Parliament, but even if that were done, ultimately though it might be many years hence the revenue producing buildings must be demolished, and the council would have to care for and maintain the mill building and the surrounding land out of its own funds.
"With the foregoing considerations in mind I do not feel justified in recommending the council to take responsibility for the necessary litigation and actively pursue the contest for establishing the validity of either of the known wills of the deceased," concluded Mr. Allum. The Mayor's proposal was adopted.

SOLICITOR SILENT
MANY INTERESTS INVOLVED

When inquiries were made this morning from the late Mr. Partington's solicitor, Mr. C. H. M. Wills, he said that he could make no comment at this juncture. Mr. Wills was asked to whom the mill would go if it was not made over to the City Council, but he replied that there were too many interests involved for him to make a statement.
After Mr. Partington's death last November a search was made for a will, without avail. A further development was that a second will was stated to have been made, but this also could not be found. This will was made during a period of ill health in the latter part of 1940, when a firm of land agents whom he employed temporarily to collect his rents took the old gentleman down to their solicitors, where he signed another will. This was word for word the same as that made in 1936, with these two exceptions, namely:
(1) These two land agents were appointed the sole executors and trustees.
(2) These two land agents were appointed the sole agents for their respective lives for the letting and collecting of rents from all the late Mr. Partington's properties devised to the City Council.
Mr. Wills said at the time that Mr. Partington had always been determined to preserve the mill for the city for all time. The same statement was made by one of Mr. Partington's oldest friends, Mr. D. Bradley, off St. Mary's Road.

THE OLD MILL
COUNCIL DROPS CLAIM
No attempt is to be made by the City Council to establish the bequest made in the two lost wills of the late Mr. Joseph Partington, who died late last year and who bequeathed to the council the old windmill in Symonds Street and the properties surrounding it.
In a report to the council last night, the Mayor, Mr. J. A. C. Allum, stated that Mr. Partington in 1936 informed the then Mayor, Sir Ernest Davis, that he had made the bequest, and he had in fact done so that year. The Mayor said he was not entirely certain that Mr. Partington, when he died, wished the council to have the mill. Possibly the testator changed his mind and destroyed his will deliberately. If the council obtained the property it would have to shoulder £6700 in mortgages and would be barred by the will from using the rental income, about £3000 per annum gross, to pay either principal or interest. Even if relief could be obtained under an Act of Parliament, the revenue producing buildings would ultimately have to be demolished and the council would have to care for and maintain the mill building and the surrounding land out of its own funds.
The mayor's recommendation was adopted.

THE OLD MILL
ESTATE PROBLEM
CITIZENS' INTERESTS

Though the Auckland City Council, by decision at its meeting last week, has refused to sponsor legal action to obtain probate of one or other of the wills said to have been made by the late Mr. Joseph Partinton, the "Old Mill" estate may still be held by the Courts to be the property of the people of Auckland.
The property has been valued on various estimates at between £50,000 and £100,000.
If the next-of-kin take action to obtain Letters of Administration it will be necessary, according to legal authorities, for them to prove that Mr. Partington died intestate, and for that purpose they would have to join the executors under each will as party to the action.
The Court would require to be told the full facts concerning the two wills, neither of which has been found, but of which there are copies in the hands of the solicitors who drew them.

Council Only Trustee

Even though there was no action taken by the executors to press for probate for either of the wills said to have been made, the Court might decide, in any action taken bv the next-of-kin, that it was compelled, by knowledge of the wishes of the lat Mr. Partington that it might gain from the evidence presented to grant Probate for one or other of the two wills.
According to one legal opinion it does not matter to the people of Auckland which of the two wills is granted for probate. Except for minor conditions the two wills are said to have been identical in intention. The Old Mill property was devise to the Aucklan City Council to be held in trust for the people of Auckland.
Unless the executors decide to take no action, it is stated by this legal athority, the decision of the Auckland City Council does not greatly affect the issue. This opinion is based on an interpretation of the wording of the will to mean that the property was left to the people of Auckland, with the City Council merely as trustee.
"It has long been established in law that a trust will not fail for want of a trustee," declared a solicitor to whom the question was put. If it is proved to the satisfaction of the Court that Mr. Partington did not die deliberately intestate, if probate is granted for one of the wills, and if the people of Auckland are held to be the beneficiaries, under a trust, the Court has the power to appoint trustees.
The trustee need not be the Auckland City Council, even though it is named as trustee in the will.
From the point of view of the people of Auckland the City Council would, however, be the logical choice to be the administering body. It would be more difficult and probably more costly for some other persons or body to carry out the wishes of the late Mr. Partington. The council is already equipped with all the facilities for the task.

Why Mortgages Were Taken

There are some interesting facts behind the discovery that the estate is now burdened with mortgages totalling £6700.
At the time when Mr. Partington first announced his intention to leave the Old Mill to the citizens of Auckland, together with the property surrounding it, he laid it down that the income from the property should be used to maintain the mill and houses surrounding it. Any surplus was to be applied to the building up of a fund which, when the last house had outlived its usefulness as a rental proposition and had been pulled down, would be sufficient to provide income to upkeep the mill and the park that would be created about it.
Some time after that offer had been accepted by the then Mayor, Sir Ernest Davis, and Council, Mr. Partington bought two further properties, which he added to the estate finally to come to the city. One property had a frontage to Liverpool Street and the other a frontage to City Road. His action in this is cited as illustrative of his enthusiasm to maintain the Old Mill as the pre-eminent as well as one of the oldest historic landmarks in the city. Both properties had been part of the old Partington estate, and they were in positions where, if large buildings had been erected on them, the Old Mill would have lost part of its view. He took out the mortgages in order to pay for these properties.

Loss Of The Wills

Behind the loss of the originals of the two wills, one drawn in 1936 and the other in 1940, lies the story of a man who, particularly in the later period of his life, lived only for one object — the preservation of the Old Mill and the handing of it, intact, and still in a commanding position over the city, on to posterity. That was his paramount desire when he declared his intentions in 1936. Afraid of some interference with that plan, it is stated that he kept all his documents, deeds and large sums of money under his own hand. He had secret hiding places for them, and it is declared that the only way a proper search could be made for the missing papers would be to put a gang of men on the job of dismantling buildings and machinery— and for that action no one has authority.
It will be a most interesting story that will be revealed in evidence when eventually some legal action is taken. At the moment there are five firms of city solicitors concerned in such action. For the executor of the "1936 will" Mr. A. H. Johnstone, K.C., is acting; for the executors under the "1940 will," Mr. H. P. Richmond is legal representative, and there are three other solicitors, Messrs. G. P. Finlay, H. M. Rogerson and A. K. North, watching the separate interests of next-of-kin.

A CORRECTION

We desire to express our profound regret that an article which we published with regard to wills prepared for the late Mr. Partington, part of which was recently repeated, should appear to reflect in the slightest degree upon the two gentlemen who consented to Mr. Partington's request that they should be his executors under the will made by him in 1940. We realise that on certain matters of importance our information was inaccurate. We realise also that the two gentlemen in question in refraining so long as they could from any steps to correct the wrong impression created by the statements referred to were actuated by the entirely proper desire to avoid a public discussion of matters intended to be dealt with by the Supreme Court. Mr. C. H. Wills, solicitor, who issued the article to the Star, expresses his regret and apology to the executors named in the 1940 will for any reflection which may appear to have been cast on their honesty and integrity.

FATE OF OLD MILL
SUPREME COURT CASE
OWNERSHIP QUESTIONS

The fate of the Old Mill, Auckland's best-known landmark, will be decided at the next sitting of the Supreme Court when the separate claims of various relatives of the late owner, Mr. James Partington, and other interested parties will be put before the Court. The case is of considerable interest as the Old Mill was the subject of a lively controversy in 1936 when the site was suggested for a new central fire station. At that time Mr. Partington announced that he had made provision in his will to bequeath the mill and surrounding properties, valued at various sums ranging up to £100,000, in trust to the City of Auckland.
When he died in November, 1941, the original of this will could not be found, but his solicitor stated that Mr. Partington had made another will in 1940, also bequeathing the property to the city. Mr. Partington was somewhat of a recluse, and when the police searched the various mill buildings following his death they found bundles of banknotes to the value of £2350. Neither will, it is understood, has yet been traced.

OLD WINDMILL
QUESTION THE COURT TO DECIDE

Steps to establish the ownership of the old windmill in Symonds Street, which has been in doubt for over a year, will probably be taken at the next sitting of the Supreme Court in Auckland, when the various claims of next-of-kin of the late owner, Mr. James Partington, and other interested parties wiil be put before the Court.
In 1936 Mr. Partington announced that provision had been made in his will for the bequeathing of the mill and surrounding properties, stated to be valued at about £100,000, to the City of Auckland for use as a park. When he died in November, 1941, the original of this will could not be found, but his solicitor stated that Mr. Partington had made another will as late as 1940, also bequeathing the land to the city.

Bundies of Banknotes

The original documents have never been traced, however, and it is not known if either is valid. In searching through his house, which adjoins the old mill, the police discovered bundles of banknotes to the value of £2350 hidden in odd corners.
All the facts of the case are to be placed before the Court. Should either of the wills be found to be valid, the properties will pass to the City Council, subject to certain conditions. If, on the other hand, it is proved that Mr. Partington died intestate, it will be left to the Court to decide how the estate should be divided among next-of-kin.

An Historic Link

Meanwhile the old windmill, which was old when Auckland was still young, and which is still one of the city's best-known landmarks, awaits its fate in eerie silence. Hemmed in between modern business houses the old biscuit factory and the brick house adjoining remain as they were when Mr. Partington died. They are now rapidly becoming over-run with ivy and weeds. Inside the factory are the rusted remains of machinery first used for stamping biscuits sent to soldiers in the Maori Wars. The mill itself, built of bricks made from the clay soil on which it stands, is still in remarkably good repair and until recent years was in workable order.

LOST WILLS
PARTINGTON ESTATE
SUPREME COURT CASE OPENS

An action arising out of two lost wills was opened before Mr. Justice Callan to-day, when the task of proving the will of the late Mr. Joseph Partington was undertaken by the Court with the assistance of a Bar of eight counsel. Plaintiffs were Charles H. M. Wills, solicitor, and Mrs. Lavinia Harriett von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), the first will defendants, Herbert F. Prothero and John D. Shearer (Mr H. P. Richmond), the second defendants, the City Council (Mr. Stanton), Mrs. Evelyn E. Robertson, Edward Sellars and Richard Partington (Mr. Bone), and the third defendants, Harry T., Charles F., Violet E., and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay) and Mrs. Ethel M. Patterson (Mr. North).
In opening for the plaintiffs Mr. Johnstone said the Court had to decide the disposition of the property of Mr. Partington, who had died on November 17, 1941, aged 84. It would be found that Mr. Partington in the last five years of his life made at least two wills, one dated September 18, 1936, and the other dated September 11, 1940. Except for unimportant matters and a change in the executors and trustees, both wills were similar, leaving the great bulk of his property to the Auckland City Council for the citizens of Auckland. Neither of the wills could be found. The question was whether the property was to be distributed in accordance with one or other of the wills, or to be distributed as upon intestacy.
Counsel outlined the history of the circumstances under which Mr. Partington acquired his property in Karangahape Road, including what is known as the "Old Windmill," and its surrounding land. The property, originally owned by his father, had been sold, but between 1910 and 1937, Mr. Partington had recovered the old mill and a substantial part of his ancestral domain. Counsel went on to narrate the circumstances of the bequest to the City Council, and of the first will drawn by. Mr. Wills and of a second will drawn by Messrs. Hooper and Gallagher at a time when Mr. Partington had shown eccentric tendencies.
(Proceeding.)

TWO LOST WILLS
THE OLD WINDMILL
QUESTION OF OWNERSHIP

Legal proceedings to establish the ownership of the old windmill in Symonds Street, which has been in doubt for over 18 months, commenced before Mr. Justice Callan yesterday. During the case, which is expected to occupy over a week, the various claims of next-of-kin of the late owner, Mr. Joseph Partington, and other interested parties will be put before the Court.
The action arises out of two lost wills. The executors of the first will, Charles Henry Massev Wills and Mrs. Lavinia Harriett von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), are applying for formal probate of it. The defendants are Herbert Francis Prothero and John Osakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie. Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay) and Mrs. Ethel M. Patterson (Mr. North).

Link With Maori War

Opening the case, Mr. Johnstone said that the main question to be decided was whether the property was to be distributed in accordance with one or other of the wills, or as upon intestacy.
Outlining the history of the property, Mr. Johnstone said the land was originally given to C. F. Partington by Crown grant early last century. To obtain power to drive a flour mill he built a windmill on the property, and because of its prominent position it became an outstanding Auckland landmark. The mill was used to supply biscuits to troops in the Maori War, and flour to Auckland's early settlers. The whole of the property later passed from his hands.
As long ago as 1881, Joseph Partington began his efforts to restore his father's estate, and in 1887 he purchased the land on which the mill stood. However, in 1892 the properties were sold by the mortgagee, and Partington became bankrupt. By 1910 he had bought the properties back again and he continued to purchase other property surrounding the mill.

Bequest to the City

C. H. M. Wills, one of the plaintiffs, said that Mr. Partington had been very concerned for the preservation of the old mill and purchased property so that it could not become "built-in" by other premises. He had become very worried in 1930 when the Auckland Metropolitan Fire Board became interested in his property as a possible site for a new station.
A petition against the use of the area by the Fire Board was circulated and over 6000 signatures were received. The other plaintiff, Mrs. von Zglinicki, had helped considerably in this matter.
As a result of this he had instructed witness, who was his solicitor, to prepare a will, bequeathing the land and mill to the Auckland City Council to be used for all time by the citizens of Auckland. The residue of his estate was to go to certain relatives.

Bundles of Notes Hidden

Besides the mill and property, the Government valuation of which was £30,000, Mr. Partington had other assets. In addition to money in the bank, he had about £1000 invested with a trust and £700 in a picture company in Hamilton. He also had an interest in a deceased brother's estate. After his death, bundles of banknotes to the value of £2350 were found hidden in sacks and odd corners of his house.
After the will was executed, witness continued, Mr. Partington insisted on keeping it himself, stating that he had secure hiding places in the mill and buildings. The will then appeared to become mislaid, but although the matter was broached a number of times, he insisted that it was still somewhere and had not been destroyed.
After Mr. Partington's death some of the hiding places were found, but although some rats' nests contained chewed remnants of papers, no complete documents were discovered.
The hearing was adjourned until this morning.

AUCKLAND WINDMILL
QUESTION OF OWNERSHIP

(P.A.) AUCKLAND, June 2. Legal proceedings to establish the ownership of the old windmill in Symonds Street, which has been in doubt for over 18 months, began before Mr. Justice Callan today. During the case, which is expected to occupy over a week, the various claims of the next-of-kin of the late owner, Mr. Josephl Partington, and other interested parties will be put before the Court. The action arises out of two lost wills. The executors of the first will are applying for formal probate of it.
Opening the case, Mr. A. H. Johnstone, K.C., said the main question was whether the property was to be distributed in accordance with one or other of the wills or as upon an intestacy. Mr. Johnstone said the land was originally given to C. F. Partingtoa by a Crown grant early in the last century. To obtain power to drive a flourmill he built a windmill on the property, and because of its prominent position it became an outstanding Auckland landmark. The mill was used to supply biscuits to the troops in the Maori war and flour to Auckland's early settlers. The property later passed to Joseph Partington.
C. H. M. Wills, one of the plaintiffs, said Partington had been very concerned for the preservation of the old mill. He had instructed witness, who was his solicitor, to prepare a will bequeathing the land and the mill to the Auckland City Council, to be used for all time by the citizens of Auckland. The residue of the estate was to go to relatives. Besides the mill and the property, the Government valuation of which was £30,000, Partington had other assets, and after his death bundles of bank-notes to the value of £2350 were found hidden in sacks. When the will was executed Partington insisted on keeping it himself, stating that he had secure hiding places in the mill and buildings. After Partington's death some of the hidings places were found, but, though some rats' nests contained chewed remnants of papers, no complete documents were discovered.
The hearing was adjourned.

The Will and the Mill

Giving details of the search for a lost will in the premises of the "old mill" in Karangahape Road, after the death of the owner, Mr. J. Partington, a witness said in the Supreme Court yesterday that the search was as thorough as was possible without doing structural damage. Mr. Partington had assured him he had safe hiding places on the premises for the will. When witness searched he found places in brick and concrete crannies that obviously had been hiding places, for there were many fragments of papers, and also rat nests containing chewed-up papers. He found one such place in a hollow under one of the milling machines. "Did he operate the mill?" asked Mr. Justice Callan. "Yes," replied the witness, "he used the sails of the windmill for this and made wholemeal. "That raises the horrible suggestion," commented his Honor, "that the will might have gone into the mill and got into the bread."

Although multiple newspapers reported the start of the trial (and even more throughout New Zealand picked up the story via syndication), the daily reports after the first day were the preserve of just The New Zealand Herald - perhaps they were the only paper with a court reporter. The case went on longer than first envisaged, but over the the course of the next weeks, the Herald contained daily reports of the new evidence presented to the Court.

OLD WINDMILL
OWNERSHIP QUESTION
HISTORY OF TWO WILLS

Further evidence concerning the two lost wills of the late Mr. Joseph Partington, owner of the old windmill in Symonds Street, was heard before Mr. Justice Callan yesterday. In both wills, neither of which could be found after Mr. Partington's death, the mill and property were bequeathed to the Auckland City Council for the people of Auckland. The question the Court has to decide is whether the property is to be distributed according to either will, or as upon intestacy.
The executors of the first will, Charles Henry Massey Wills and Mrs. Lavinia Harriett von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), are applying for its formal probate. The defendants are Herbert Francis Prothero and John Deatcin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E, Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).

Health of Testator

Continuing his evidence from the previous day, C. H. M. Wills said that in 1940 he suggested to Mr. Partington that, as a precaution, a copy should be executed of the 1936 will. A copy was prepared, but Mr. Partington always put off signing it.
Urged by an acquaintance who lived on the mill property, Mr. Partington later instructed witness to draft a new will in which the City Council still remained the principal beneficiary but changing the executors. Rough drafts were supplied.
In the winter of 1940, witness continued, Mr. Partington's health grew worse, and his memory was failing. He became obsessed with the behaviour of his tenants, and repeatedly alleged that they were conspiring against him. In 1941 he mentioned that Messrs. Shearer, Prothero and Shearer had wanted him to sign something. He had not signed a will, he said, and any papers he had signed he had recovered and destroyed.

Mention of Later Will

In October, a month before his death, witness impressed upon him that if he had made a fresh will revoking the 1936 document, and subsequently destroyed it, he was in danger of dying intestate. Mr. Partington said he had not signed any other will. He was found dead in his house in November, 1941.
After his death, witness received a message from a firm of solicitors, Hooper and Gallagher, stating that they had drawn up a later will made in December, 1940. The will was not in their possession, and it was not found after Mr. Partington's death. This was the first time witness had heard of the existence of another will. A rough draft of the second will, consisting of a copy of the 1936 will with pencil alterations. was found in the old house.
The hearing will continue this morning.

MISSING WILLS
THE OLD WINDMILL
LAST YEARS OF OWNER

The hearing of the case to determine the ownership of the Partington Mill property in Symonds Street was continued before Mr. Justice Callan yesterday. The action has been brought by the executors of the first will of the late Mr. Joseph Partington, Charles Henry Massey Wills and Mrs. Lavinia Harriett von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), who are applying for formal probate of it. Defendants are Herbert Francis Prothero and John Deakin Shearer (Mr Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin) Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).
The further cross-examination or the first witness, C. H. M. Wills, was continued. Replying to Mr. North, witness stated that from August, 1940, onward his attitude had been not to get a new will made, but to prevent Partington from making a new will on account of his lack of testamentary capacity. "He was a most exasperating man to deal with," said witness. He got the impression from Partington at one time that he had destroyed the will Messrs. Shearer and Prothero had prepared for him. Partington would have been horrified at the idea of dying intestate, and his feelings were strong on the preservation of the mill.

Conditions At Mill

Witness gave further evidence as to the conditions existing in the old mill when search was made after Partington's death.
His Honor, who is contemplating visiting the mill, asked: "Has it been tidied up since?"
Mr. Richmond: Very far from it. I visited it a few days ago.
His Honor: Is there any danger to health?
Mr. Richmond: I would not have gone if I had known what it was like.
His Honor: If you develop anything before Monday morning let me know.

Worries of Property

A travelling salesman, William Henry Gibson, who had had friendly relations with Partington for a number of years, said the proposal to put the Central Fire Station on his property nearly drove him mad. The will drawn up by Mr. Wills gave him the idea how to save the property, and it took a load off his mind when he arranged with the City Council. Witness was present with others when Partington signed the will in 1936. Six months after signing the will Partington told him it had been stolen. When the Labour Party was returned a second time Partington was very worried because he thought there would be conscription of wealth.
Partington would not have anyone with him in the house, but arranged for witness to be called in a real emergency, said witness. The rooms were in a very bad state and a big hole at the head of his bed was stuffed with a shirt. Later Partington produced a second will which witness thought was the same as the first except for the change of executors. Witness later saw a copy of a third will.

"Rats Steal Cheques"

"I do not think he really intended to leave the property to the City Council," said witness. "Every time he got a rate notice he was very angry and once said, 'l'll never leave them a blade of grass."
The rats in the property were terrible and Partington used to complain that they stole his cheques and pens, drank his ink, and bit his pen nibs. "I never knew him have a new pen nib." said witness.
The hearing of the evidence of this witness will be continued on Tuesday morning. On Monday morning the Court will sit at the Green Lane Hospital to take the evidence of a witness who is a patient there.

OLD WINDMILL
COURT AT HOSPITAL
EVIDENCE OF SECOND WILL
A sitting of the Supreme Court in surroundings much less formal than usual was held yesterday morning at the Green Lane Hospital, when evidence in the case to determine the ownership of the Partington Mill property in Symonds Street was taken from a patient, Cecil Balfour Gallagher, solicitor, of Auckland, who said he drew the second of the two lost wills in dispute. The Court met in a social room, Mr. Justice Callan presiding at a small table, while counsel were seated in a semi-circle of easy chairs and the witness was propped up in a bed.
The executors of the first will, Charles Henry Massey Wills and Mrs. Lavinia Harriet von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), are applying for its formal probate. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet F. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay) and Mrs. Ethel M. Patterson (Mr. North).

Means and Dress

To Mr. Richmond, witness said he first met Partington in 1926, and on various occasions between then and 1933 received instructions from Shearer, Prothero and Shearer to act for him in connection with his tenancies. He took Partington to be a man of substantial means, although he was always dressed in an old suit, was untidy and wore dirty sandshoes. Partington belonged to the old school which regarded the written word as his bond. He did not take cognizance of the prevailing conditions during the depression, and on one occasion wished to evict a bed-ridden woman of 83 years, but witness dissuaded him. "I would not call him miserly, but he wanted his rent if he could get it," witness added.
Witness recalled a telephone call in September, 1940, from Shearer, who told him that Partington wished to make a new will. He believed Partington to be 92 years old and when Partington later came to witness' office that day witness was particularly careful in observing his manner. He was surprised that there was so little change in Partington's physical condition since he had last seen him in 1933. Partington was again dressed untidily in an old suit and wore rather dirty sandshoes.

Testator's Intention

Partington said he wanted to make a new will, said witness. He also referred to quarrels he had had with Wills, and said there was some difficulty over rent with the lady whom he had appointed as executrix. At no stage did Partington say he wished to appoint witness as his solicitor. The executors under the new will were to be Prothero and Shearer.
With Partington, witness read through a copy of the previous will and made pencilled alterations on Partington's instructions. There was not the slightest suggestion of Partington being doubtful in his intention to leave the property to the City Council. Partington's mind was exceptionally clear and he knew what he was talking about. Had substantial alterations been made in the bequests, witness, having not seen him for a number of years, would have been loath to make a new will without further inquiries. He believed Partington had excellent reasons for making a new will.

Inspection of Property

When the new will was prepared later in the day Partington returned and signed it, in the presence of witness and his partner. Partington took the will away and, as far as he could remember, witness provided Prothero with a copy.
To Mr. Finlay, witness said that neither he nor Partington was entirely satisfied with the will, and another one was envisaged as a possibility.
Witness said he saw Partington for the last time about seven days after making the will.
At the conclusion of the sitting the Court made an inspection of the windmill property. The case will be resumed this morning.

WINDMILL CASE
THE PRESENCE OF RATS
OWNER'S STRANGE BELIEF

The hearing of evidence for the plaintiffs was continued before Mr. Justice Callan yesterday in the action to determine the ownership of Partington's old mill in Symonds Street. The property was at one time bequeathed to the City Council, and the purpose of the action is to determine whether the estate is to be administered in accordance with either of two wills, now lost, made by the late Mr. Joseph Partington, or with the laws of intestacy.
The plaintiffs are the executors of the first-will, Charles Henry Massey Wills and Mrs. Lavinia Harriet von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), who are applying for formal probate of it. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs Evelvn Eliza Robertson, Edward Sellars and Richard Partington (Mr Hone). Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).
Continuing his evidence from Friday, William Henry Gibson said papers were strewn all over the mill, and sometimes they were burned. Partington had told, him that the 1936 will had been lost.

Devotion to Mill

"His one idea was to preserve the mill; it was his god," witness continued. He could not leave it for more than a couple of hours, and would get up at all hours of the night to shift the sails. He had to go up ten flights of steps to do this, and went to the top in the month before he died.
"Well, he was a wonderful old man, I think," said His Honor.
Witness said that he had told Partington he was not fit for this work, and should chop up the sails for firewood. "You have got women and children under these sails, and you will kill someone," witness told him. "That was the finish - he never spoke to me again." added witness.
Witness said Partington had a new will made in older to drop Mr. Wills and Mrs. von Zglinicki as executors, but no sooner had he got a will made by Messrs. Shearer and Prothero than he quarrelled with them. It would not be surprising if that will went into the discard. Toward the end, Partington's attitude to his relatives became more friendly. A Tenant's Evidence Mrs. Lavina H. von Zglinicki said she first met Partington when she rented a brick house from him at the end of 1934. She got meals for him when he was ill and collected rents for him. She continued to get his meals for seven years, but never received any payment. When representatives of the Fire Board inspected the place as a possible site, Partington declared that he was not going to give it to anybody. "I will never go out alive," he said "They will have to carry me out dead." His mind was in a very confused state. After an illness in July, 1939, Partington said Mr. Nash was going to confiscate everything for the sake of getting the mill.

Two Types of Rats

Witness described several illnesses he had had, and gave instances of peculiar behaviour. He said he had his own rats and Government rats on the premises. The Government rats had been let loose by the Government to destroy his flour, and they came along the telephone wires.
A daughter of the previous witness, Miss D. I. von Zglinicki, said Partington had seemed quite delighted over the 1936 will leaving the property to the City Council. In 1940, he got very worried over possible confiscation of the property, and used to telephone her in the early hours of the morning. He became a general nuisance. He used to say that Labour members took the form of rats and visited his mill.
His Honor: Did you not point out to him that if his dogs only worked harder he would get rid of the Labour Party altogether?
Witness: I could not be bothered with him. He used to get on my nerves.
Another former tenant of Partington's, Mrs. Florence Ann Bridgeman, told how toward the end he became very mercenary and tried to add £1 to her rent. He became very muddled and did not seem to grasp things at all. He refused to do any repairs, saying the City Council would have to look after the place when he was gone.
The hearing was adjourned until this morning.

WINDMILL CASE
FEARS OF OWNER
TALKS ABOUT THE RATS

Further evidence for the plaintiffs and the opening of the defence were heard by Mr. Justice Callan yesterday in the action to determine the ownership of Partington's mill property in Symonds Street. The property was at one time bequeathed to the City Council for a park, and the present proceedings are to determine whether the estate is to be administered in accordance with cither of two wills, the originals of which have been lost, or in accordance with the laws of intestacy.
The plaintill's are the executors of the first will, Charles Henry Massey Wills and Mrs. Lavinia Harriet von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), who are applying for formal probate of it. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).

Potatoes for Dogs

"Partington said he was frightened of people poisoning him and that they could easily put poison in mashed potatoes, gravy or sauces," said the first witness, Wayne Clarence McCormack, farm hand, aged 17. Witness lived in one of Partington's houses from July, 1941, until after Partington died, and used to take meals to him from his grandmother. Partington would not eat mashed potatoes, gravy or sauces and would give the potatoes to his dogs. He used to say the tenants were robbing him and trying to kill him. At times when raging against the Government, he would stamp about the kitchen, throw crockery about and break it, stamp on his hat and bang the table with a knife-handle.
About August, 1941, Partington told witness the property was going to the City Council and would be made into a park where crippled children would play. The old mill was going to be preserved, and no tall buildings would shut out the view of it.
Witness said Partington used to talk to him about the rats, and said they drank his ink, read his letters, and took his shoes and his hat. Everything he could not keep his hands on the rats had taken.

"Tons of Rats"

Mr. Henry: Were there any rats there?
Witness: Oh, there were tons of them.
Witness stated that Partington said that his own rats took anything he wanted so that he could not got it. There were also the neighbours' rats, and Partington said they were the ones that ran away when he came. "I used to laugh at him and he did not like that," said witness.
The search made at the testator's house after his death was described by Henry W. Fiddes, barrister and solicitor, who said he had spent three days searching in company with Mr. C. H, M. Wills and Mrs. L. H. von Zglinicki. They were looking for a will of 1936 and one of 1940, and made a most exhaustive search of every part of every room. They found a copy of the 1936 will with pencilled alterations, but they found no executed documents or title deeds. He satisfied himself that no document in the nature of an executed will was in the house, but he could not say the same for the mill. Twice he noticed unauthorised persons on the premises.

First Defendants' Case

This closed the case for the plaintiffs, and, for the first defendants, Mr. Richmond submitted that the will of September 13, 1940, was a duly executed will of which a true copy had been proved. At the time of the execution of that will the testator was of full testamentary capacity, and the will of 1936 was clearly revoked. The 1940 will was still in full force. Any suggestion that the testator was merely playing a game of trickery with the City Council to prevent the seizure of his property was utterly without foundation.
Roy Sansom Hooper, solicitor, told of his witnessing of Partington's signature to his will in September, 1940, in the office of witness' partner, Mr. Gallagher. Mr. Gallagher filled in the signatures on a copy of the will and gave the original to Partington. Witness identified the copy produced. When he told C. H. M. Wills about this will, Wills replied. "I know all about that. It has been revoked."
Witness said he had spoken strongly to Wills for his audacity in continuing the search after he knew there was another will in existence.
The hearing was adjourned until this morning.

WINDMILL CASE
EVIDENCE FOR DEFENCE
QUESTION OF CITY GIFT

Further evidence for the defence was heard by Mr. Justice Callan yesterday in the action to determine the ownership of Partington's mill property in Symonds Street. The property was at one time bequeathed to the City Council for a park, and the proceedings are to determine whether the estate is to be administered in accordance with either of two wills, the originals of which have been lost, or in accordance with the laws of intestacy.
The plaintiffs are the executors of the first will, Charles Henry Massey Wills and Mrs. Lavinia Harriet von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), who are applying for formal probate of it. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).

Solicitor's Impression

Called by Mr. North, Major Mervyn Rankin Reed, solicitor, said he first met Partington when Partington came into his office accompanied by Mr. H. F. Prothero, on October 21, 1940. He saw Partington personally 10 times between that date and their last interview on January 17, 1941. Partington seemed to be fully seized of his business affairs and quite capable of giving instructions.
Mr. North: We have heard a lot about his ravings against the Government. How did his criticisms of the Government strike you?
Witness: I thought they were very sound. He was forcible, but he certainly did not rave.
Witness said the last thing Partington would have contemplated was the mill being sold by auction or dismantled.
Mr. Richmond called Herbert Francis Prothero, land and estate agent, who said that his firm of Shearer and Prothero, collected rents for Partington from 1927 to 1932. On September 9, 1940, Partington sent for him on business. He talked of his will, which he produced. Witness thought it was a copy. He noticed that it left the property to the City Council.

New Will Mentioned

Next day Partington told him he was making a new will and asked him to be a trustee. Partington agreed that J. D. Shearer would be a good trustee to act with witness, and that Hooper and Gallagher, who had acted for him before, would be suitable solicitors.
Witness told of a disagreement Partington had with Messrs. Hooper and Gallagher, after which he transferred his business to Mr. M. R. Reed. When Partington spoke of the will and bequest, witness gained the impression that it was a recognised thing that it was going to be left to the City Council.
George Ogle, retired, said he knew Partington for about 40 years and managed the mill for a period when Partington visited England. During the five years before Partington died witness saw him fairly frequently and was told by him on several occasions that he was going to leave the mill and properties to the city.
After several other witnesses had given evidence the hearing was adjourned until this morning.

WINDMILL CASE
THE FINAL EVIDENCE
WITNESS CALLED BY COURT

A new witness, not called by any of the counsel but by the Judge, gave evidence all day yesterday when the hearing of the action to determine the ownership of Partington's mill property in Symonds Street was continued before Mr. Justice Callan. This completed the evidence. The property was at one time bequeathed to the City Council as a park, and the proceedings, which began on Wednesday of last week, are to determine whether the estate is to be administered in accordance with either of two wills, the originals of which have been lost, or in accordance with the laws of intestacy.
The plaintiffs are the executors of the first will, Charles Henry Massey Wills and Mrs. Lavina Harriet von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), who are applying for formal probate of it. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).

Unusual Position

An unusual position arose when the Court resumed and it appeared that none of the counsel was willing to call Daniel Bradley, a land agent, whoso name has been prominent in the evidence. His Honor said he could readily understand that there might be good and sufficient reasons why none of the counsel wished to put himself in the position of having Mr. Bradley as his witness. "I have heard so much about Mr. Bradley in this case that for my own peace of mind I wish Mr. Bradley to be put in the box," he added. His Honor then called this witness and examined him.
Bradley, who referred freely to a detailed diary, said that in 1933 he let a house for Partington and had a number of interviews with him. Partington took great pride in relating the history of the mill. He was a man of culture and a competent musician. He was a keen business man and witness found him very helpful. In 1939 Partington often spoke about the last will of 1936, and witness would tell him, "All you have to do is to make another."

Papers on Table

Witness said that Partington's kitchen table was covered with papers, including a copy of the 1936 will, and a draft of the proposed will of 1940, in which Mr. Wills and witness were the joint trustees.
On January 30, 1940, Partington had a long discussion with witness on the advisability of leaving the mill and property in the hands of private trustees, to be administered for the benefit of the Auckland Hospital, St. John Ambulance, three orphanages and the Institute for the Blind. When later witness recommended the Public Trust, Partington would not agree and said that would be giving the property to the Government. Partington expressed his pleasure at the draft of the new will prepared by Wills and his willingness to sign it.
Answering Mr. Henry, witness said it was clearly understood that the two wills made by Mr. Wills were temporary and that there would be another.

Request for Letters

In December, 1940, Partington asked witness to give him two letters of different dates saying he was of sound mind.
His Honor said that this was the first occasion in his 40 years' experience that he had heard of such a request from a testator.
Witness said he gave Partington two letters stating he was mentally sound and fit to make a will and transact business. Witness identified the letters produced. Partington said he wanted them in case anyone said he was not I sane. Witness did not see any reason for his wanting them.
Witness told Mr. North that in 1940 Partington was beginning to see-saw about leaving the whole of the property to the city. Witness had entered in his diary: "Partington now says he would like to leave property to his own people and not to the council." About November, 1940, Partington said he was going to destroy the Prothero will. Partington banked his money in the early stages, but later kept it at home. It was Partington's dominant desire that the mill should be preserved.
Counsel are to meet His Honor in chambers on Monday to complete arrangements for the hearing of their addresses.

Monday, 14th June. No public proceedings, counsel met with judge to make arrangements for their address.

WINDMILL CASE
QUESTIONS FOR COURT
ARGUMENT BY COUNSEL

Counsel's addresses occupied all day yesterday in the hearing of the action brought before Mr. Justice Callan to determine the ownership of the Partington mill property in Symonds Street. According to two lost wills made in 1936 and 1940, the property was bequeathed to the City Council as a reserve, and the proceedings, which have been in progress since June 2, are to determine whether the estate is to be administered according to the provisions of either will or as upon intestacy.
The plaintiffs are the executors of the first will, Charles Henry Massey Wills J and Mrs. Lavina Harriet von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), who are applying for its formal probate. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay) and Mrs. Ethel M. Patterson (Mr. North).
The opinion that the late Mr. Partington was in possession of full testamentary capacity at the time of execution of both wills and until his death was submitted by Mr. Martin. If the Court agreed with this submission, then the first will was disposed of by the revocation clause of the second. An attempt had been made, said Mr. Martin, to show that Mr. Partington had suffered from delusions toward the end of his life. He instanced the talk of rats, attempts to poison his food and the likelihood of burglary. Counsel believed, however, that there were no delusions.
Mr. Finlay, summarising the possibilities the Court had to consider, said that all parties were agreed that in 1936 Mr. Partington had testamentary capacity. There followed the questions whether by reason of testamentary incapacity the 1940 will was invalid, and if both wills were valid whether the 1936 one was revoked by the 1940 one. Counsel said the next question was whether the 1940 will was merely lost and not revoked, or whether it was destroyed but not with the intention of revocation. That also involved the question whether at the date of the probable destruction the testator was of testamentary capacity. Counsel supported testamentary capacity for the 1940 will and after.
The hearing of addresses will be continued to-day.

WINDMILL CASE
FURTHER ARGUMENT
ADDRESSES BY COUNSEL
Counsel's addresses in the action to determine the ownership of the Partington mill property in Symonds Street were continued before Mr. Justice Callan yesterday. The proceedings are to decide whether the estate is to be administered in accordance with either of two lost wills or as in an intestacy. The plaintiffs are the executors of the first will, Charles Henry Massey Wills and Mrs. Lavina Harriet von Zglinicki (Mr. A. H. Johnstone. K.C and Mr. Henry), who are applying for its formal probate. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton). Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).
Continuing his address. Mr. Finlay submitted that the 1940 will, made with complete testamentary capacity, revoked the 1936 will.
Mr North said he wished largely to adopt the arguments of Mr. Martin and Mr. Finlay. The real kernel of the case was that, unlike any other case recorded, there were here two absolutely distinct motives supporting intention to revoke. These were that Partington intended to die intestate by design, or that he wished to get rid of this particular will. He submitted that this placed an insuperable difficulty in the way of those who endeavoured to support the validity of a will.
Mr. Bone said the residuary legatees were interested in either will and whichever was upheld their interests were identical. If the Court found that the testator had testamentary capacity when the 1940 will was executed, then the 1936 will was revoked. He submitted that the facts showed that there had been no revocation.
Further addresses will be heard today.

OLD WINDMILL
CASE NEARING END
CITY COUNCIL CRITICISED
Counsel's addresses in the action being heard before Mr. Justice Callan to determine the ownership of the Partington mill property, in Symonds Street, were continued yesterday. The proceedings, which are to determine whether the estate is to be administered in accordance with either of two lost wills or as upon intestacy, are nearing the end, and only one counsel remains to ba heard. The plaintiffs are the executors of the first will, Charles Henry Massey Wills and Mrs. Lavina Harriet von Zglinicki (Mr. A. H. Johnstone, K. C., and Mr. Henry), who are applying for its formal probate. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay) and Mrs. Ethel M. Patterson (Mr. North).
Mr. Richmond opened his address with a criticism of the Auckland City Council's attitude throughout the case. Apart from a purely formal appearance by Mr. Stanton on the opening day of the case, the City Council had not been directly represented.
"The persons really interested, the citizens of Auckland, have not been represented," said Mr. Richmond. "I feel bound to say that where a beautiful and historical monument of this kind, one of the few beautiful landmarks on the skyline of Auckland, is a matter of litigation, it seems to me a shocking thing that the whole task of seeking to preserve the bequest falls upon men who have no monetary interest in the matter whatever." Counsel referred to the efforts of Messrs. Prothero and Shearer, who had spent money and time seeking evidence. Possibly there were other witnesses who could 'have helped, and he regretted that the citizens of Auckland had not been more adequately represented. His Honor recalled that he had endeavoured to encourage Mr. Stanton to remain, but without success. Mr. Richmond submitted that the late Mr. Partington was in possession of testamentary capacity in 1940 when the second will was made. The balance of probability had been established either that one will had been accidentally destroyed or so securely hidden that no reasonable search could discover it. The effects of intestacy were well known to Partington and. in view of his attachment to the mill, it was impossible to conceive of his taking such a risk. The hearing will continue to-day.

WINDMILL CASE
LONG HEARING ENDS
FURTHER SEARCH INDICATED

The hearing of the Partington will case to determine the disposal of the windmill property in Symonds Street was concluded yesterday afternoon. The proceedings began before Mr. Justice Callan on June 2. At the conlusion of counsel's addresses, His Honnor drew attention to the very unsatisfactory possibilities raised by the statement of a witness that the search of the mill for papers was not exhaustive. His Honor indicated that something would have to be done about that.
The plaintiffs are the executors of the first will, Charles Henry Massey Wills and Mrs. Lavina Harriet von Zglinicki (Mr. A. H. Johnstone, K.C.. and Mr. Henry), who are applying for its formal probate. The defendants are Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), the Auckland City Council (Mr. Stanton), Mrs Evelyn Eliza Robertson, Edward Collars and Richard Partington (Mr. Bone), Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel N. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).

City Council Criticised

Mr, Johnstone said it was immaterial to the plaintiffs whether probate was granted of the will of 1936 or the will of 1940, because the dispositions in both were substantially the same. The executors of both wills had turned to the Auckland City Council, the principal beneficiary, and invited it to put the executors in funds to establish either of these wills. This the council declined to do. It was then that an agreement was made whereby all parties agreed to put before the Court whatever information was in their possession. It was thought to be an appropriate case for charging the costs of all parties upon the estate.
The conflict that had arisen between the two sets of executors had been most unfortunate. He entirely agreed with Mr. Richmond's criticism of the City Council. Its failure to take any part in an action concerning the destination of the old mill, where the ultimate beneficiary was the public of Auckland, was most unfortunate.

Probate Asked For

Counsel submitted that, unless the 1936 will was revoked by Partington when of full testamentary capacity, it pust stand, and the plaintiffs were entitled to probate.
Referring to criticisms of the City Council's attitude, Mr. Stanton said he had earlier made his position clear that the interests of the council were in the able hands of counsel for the first and second wills.
His Honor said he understood the criticism was rather that the council had not assisted financially in the preparation of the case. Mr. Stanton said the proceedings originally commenced by the plaintiffs had been deviated from without reference to the council. Any hesitation the council had had in undertaking financial responsibility was not dictated by any doubt as to whether it was legally entitled to the property, but by doubt whether Partington had sound mentality up to the time of his death, and really intended the city to have the property.
His Honor said he was concerned about the statement on oath by one of the searchers, H, W. Fiddes, that, in his opinion, the place had not been thoroughly searched. All counsel agreed to a further search, which, it was said, might lead to a reopening of the case.
His Honor, in reserving decision, said be thought that something should be done about this, and he would consider what form action should take.

SEARCH FOR WILL
PARTINGTON ESTATE
OLD WINDMILL PROPERTY

A systematic search of the old windmill off Symonds Street, in quest of two wills of the late Mr. Joseph Partington, the subject of an action in the Supreme Court in the early part of this month, is now in progress.
In the hearing evidence was given that a will had been made by Mr. Partington in 1936, and another in 1940. In each will the chief beneficiary was the Auckland City Council, on behalf of the citizens of Auckland, to whom were bequeathed the old mill and surrounding land, comprising the major portion of the testator's property, the whole of which was valued at about £30,000. It was stated that Mr. Partington retained possession of both wills, and that upon his death in November, 1941, a search was made by police for hoarded money and £2350 in banknotes was found, but no wills. Testimony was given also of a further futile search by two solicitors in quest of the wills.
After having heard the evidence, and made a visit to the property, Mr. Justice Callan expressed a feeling of concern about the adequacy of the search for the wills. With the concurrence of counsel engaged in the case, his Honor directed that a further search should be made, and instructed the Registrar of the Court accordingly.
Under these instructions the search was commenced this morning by men selected for the purpose. In view of the extent and character of the house and buildings and accumulated rubbish, it is anticipated that the search will require a considerable time.

A MISSING WILL
OFFICIAL SEARCH BEGUN

At the close of the hearing of the Partington will case, Mr. Justice Callan referred to the evidence of one of the searchers for a lost will, who had stated that the search had not been exhaustive. His Honor expressed his concern at the possibilities thus disclosed, and by his direction a further official search of the old windmill premises in Symonds Street was begun yesterday.
The search is being made under the supervision of the registrar of the Supreme Court and a representative of the New Zealand Insurance Company, the present administrators of the estate. Three men, supervised by a detective, are engaged, on the work, and they began yesterday on the outhouses and sheds. Afterwards, they will go to the house and the mill, and it is expected that the task will occupy the greater part of the week. If the search should result in the discovery of any significant documents, that will be reported directly to Mr. Justice Callan.

OLD WINDMILL
A NEW WITNESS.
"BUCKET FULL OF COINS"

The Partington will case, an action to decide the ownership of the old mill in Symonds Street, was reopened before Mr. Justice Callan yesterday, when a further witness, who had come forward after reading of the proceedings in thr newspapers, gave evidence. The final hearing of the previous evidence took place at the end of June, after which an official search was conducted in the old mill building for a lost will.
The new witness was an elderly woman, Mrs. Mary Eleanor Langstone, who gave evidence that she had known the late owner, Joseph Partington from 1935 until his death. While canvassing in her electorate on behalf of the Hon. W. F. Parry, at the time of the 1935 election, she said, she called on Mr. Partington, and, although he told her that he did not think that any one of the candidates was much good, he invited her to return often and talk with him.

Document Produced

"He used to keep a bucket full of coins under the table," said witness. Although she had never actually seen the coins, she had lifted the bucket and felt its great weight. Partington also used to keep money on a shelf, and had invited her to help herself whenever she wanted any, as he said he had more than he could ever spend.
One day, about five or 10 weeks before his death, continued witness, Partington produced a document from his pocket and invited her to read it. He said it was his will. She refused, saying that a will was too difficult for a layman to read, but she asked Partington to tell her verbally what it contained.

Intention Expressed

Partington answered, stated witness, that he had made all his money in Auckland, and therefore he wanted the city of Auckland to benefit. Questioned about his relatives, he had said that he helped them often, and the mill and property were for the Auckland City Council. He expressed the hope that the area would be put into garden as a reserve, and the mill preserved as an ancient landmark.
Partington replaced the will in his pocket, witness concluded, and said he had a secure place for it. Never at any time had she noticed strange behaviour on his part. She did not believe that there was anything the matter with his mental processes a few weeks before his death.
His Honor has reserved judgment in the case.

MISSING WILLS
PARTINGTON ESTATE
NEXT-OF-KIN SUCCEED

Holding that it was clear that on September 11, 1940, the testator signed a fresh will which revoked former wills and that to the end of his life he had sufficient testamentary capacity to destroy that will with the intention of revoking it, Mr. Justice Callan, in a reserved decision occupying 50 pages of typewritten foolscap, has given judgment against the propounders of the two missing wills, and in favour of the next-of-kin in establishing the ownership of the old windmill in Symonds Street as part of the estate of the late Joseph Partington. The deceased had made two wills, one in 1936, and another in 1940, but neither could be found after his death.
The hearing of the action to decide ownership of the property occupied 14 days, the action being brought by Charles Henry Massey Wills and Mrs. Lavinia Harriett von Zglinicki (Mr. A. H. Johnstone, K.C., and Mr. Henry), executors of the first will. The defendants were in three groups: Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), executors of the second will; the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone); and the next-of-kin, Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel M. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).

Value of Properties

In his judgment his Honor said that although the 1936 will could not be produced it was clear that Partington had complete testamentary capacity to make it, and that he had then bequeathed the mill and surroundings to the public;of Auckland. The value of these properties, which in that will had been entrusted to the Auckland City Council, had been estimated at figures ranging from £30,000 to £100,000. The effect of the l936 will was repeated in the 1940 will, except that the executors and trustees were changed and one or two minor alterations were made in the trusts devised to the City Council. It was submitted, on behalf of the next-of-kin, that the 1940 will was destroyed by Partington with the object of revoking it, and, therefore, the Court should pronounce against both wills.
After dealing with the evidence concerning Partington's habits and behaviour, his Honor came to the conclusion that Partington was sufficiently capable of weighing and considering everything when he made the 1940 will, and thoroughly understood all that was to be put into it. "I find he had the necessary capacity to make that will, and in all respects it was a valid will, therefore the 1936 will must fail."
His Honor said that after a search of the premises the only known documents to come into Partington's possession which were missing were the originals of the two wills, but deliberate destruction or abstraction of the wills might safely be eliminated, and there were no grounds for suspecting dishonest action by anyone.

Death Was Sudden

"There is evidence which points to the possibility that he may have become dissatisfied with the 1940 will for reasons additional to dissatisfaction with the executors. He may have become dissatisfied with the notion of the trust for the Auckland City Council, and may have been searching in his mind for some other way of securing the permanent preservation of the mill.
"He had strong reasons for not wishing to die intestate, but his death was sudden, and we do not know how imminent he himself thought his death to be during the last months of his life. He knew that a will can be revoked by its physical destruction. The will not being found, what is the logical inference?" It was probable that Partington intended to make another will, although he might have been undecided as to some of the contents.
Judgment of the Court was therefore against the propounders of the wills and for the next-of-kin, who were the third defendants. An order would be made for costs to be paid out of the estate, as the difficulties which had arisen were occasioned by the secretive habits of the testator.

OLD WINDMILL
OWNERSHIP DECIDED
THE NEXT-OF-KIN
WILLS DEEMED DESTROYED

Judgment in the case heard in June to establish the ownership of the old windmill in Symonds Street, owned by the late Joseph Partington, was delivered yesterday in a reserved decision of Mr. Justice Callan. His Honor, whose written decision occupied 50 pages of typewritten foolscap, found in favour of the next-of-kin, and against the propounders of the two missing wills.
The hearing of the case occupied 14 days, and an extensive search was made of the old mill buildings in an endeavour to locate either of the missing documents. The action was brought by the executors of the first will, Charles Henry Massey Wills and Mrs. Lavinia Harriett von Zlinicki (Mr. A. H. Johnstone, K.C. and Mr. Henry), who applied for its formal probate.
The three groups of defendants were: — Herbert Francis Prothero and John Deakin Shearer (Mr. Richmond), executors of the second will; the Auckland City Council (Mr. Stanton), Mrs. Evelyn Eliza Robertson, Edward Sellars and Richard Partington (Mr. Bone); and the next-of-kin, Harry T. Goldie, Charles F. Goldie, Violet E. Goldie and Ethel M. Goldie (Mr. Martin), Charles Partington (Mr. Finlay), and Mrs. Ethel M. Patterson (Mr. North).

Bequest to the City

The 1936 will was made after advice from Mr. Wills, bequeathing the mill and surroundings to the public of Auckland, in an effort to ensure its permanent preservation, stated His Honor. Although this will could not be produced, its contents had been satisfactorily established, and it was plain that Partington had complete testamentary capacity to make it. The value of the properties included in the trust to the Auckland City Council had been estimated at figures ranging from £30,000 to £100,000. Considerable publicity was given to the contents of the will at the time, and the city's thanks were conveyed to Mr. Partington.
"This will of 1936 cannot now be found," continued His Honor, "but it is clear that on September 11, 1940, Partington signed a fresh will which revoked all former wills."

Terms of New Will

Except that this will changed the executors and trustees and made one or two minor alterations in the trusts devised to the City Council, it repeated the effect of the 1936 will. There was therefore nothing in the contents of the second will to excite uneasiness as to Partington's testamentary capacity when he made it. Counsel for next-of-kin submitted that the 1940 will, however, was itself destroyed by Partington with the object of revoking it, and therefore the Court should pronounce against both wills.
After closely reviewing a great deal of evidence concerning Partington's behaviour and personal habits, His Honor stated: "The proper conclusion is that he was sufficiently capable of weighing and considering everything when he made the 1940 will, and thoroughly understood all that was to be put in it. I find that he had the necessary testamentary capacity to make it, that it was in all respects a valid will, and therefore the will of 1936 must fail.

No Other Documents Missing

"I further find," His Honor continued, "that to the end of his life Partington had sufficient testamentary capacity to destroy the 1940 will with the intention of revoking it." With the exception of the originals of the two wills, not a single document of that kind known to have come into Partington's possession since 1936 was missing after a search of the premises, said the Judge. Both wills named the City Council as trustee of the windmill trust, but according to some of the evidence, Partington came to favour reducing the property to be included in it. Deliberate abstraction or destruction of the wills by any person other than Partington himself might safely be eliminated. There were no grounds for suspecting dishonest action by anyone.
It was the Court's view that there was not at the time of the death any such document on the premises. Nor was the idea of accidental destruction or loss considered probable when knowledge was obtained of the workings of Partington's mind.

Judgment of the Court

"Finally," concluded His Honor, "there is evidence which points to the possibility that he may have become dissatisfied with the 1940 will for reasons additional to dissatisfaction with the executors. He may have become dissatisfied with the notion of the trust for the Auckland City Council, and may have been searching in his mind for some other way of securing the permanent preservation of the mill.
"He had strong reasons for not wishing to die intestate, but his death was sudden, and we do not know how imminent he himself thought his death to be during the last months of his life. He knew that a will can be revoked by its physical destruction. The will not being found, what is the logical inference?" It was probable that Partington intended to make another will, although he might have been undecided as to some of the contents.
For the reasons which had been given, the judgment of the Court was therefore against the propounders of the wills and for the next-of-kin, who were the third defendants. An order would be made for costs to be paid out of the estate, as the difficulties which had arisen were occasioned by the secretive habits of the testator.

LENGTHY LITIGATION
THE OLD MILL CASE
SEARCH FOR MISSING WILLS
(P.A.) AUCKLAND, September 2.
Judgment in the case heard in June to establish ownership of the old windmill in Symonds street, owned by the late Joseph Partington, was delivered by Mr Justice Callan. His Honour, whose written decision occupied 50 pages of foolscap, found in favour of the next of kin and against the propounders of the two missing wills. The hearing of the case occupied 14 days, and an extensive search was made of the old mill buildings in an endeavour to locate either of the missing documents. The action was brought by the executors of the first will, who applied for its formal probate. There were three groups of defendants.
After closely reviewing a great deal of evidence concerning Partington's behaviour and personal habits, His Honour stated: "The proper conclusion is that he was sufficiently capable - of weighing and considering everything when he made the 1940 will and thoroughly understood all that was to be put in it. 1 find that he had the necessary testamentary capacity to make it and that it was in all respects a valid will and, therefore, the will of 1936 must fail. I. further find that to the end of his life Partington had sufficient testamentary capacity to destroy the 1940 will with the intention of revoking it. There is evidence which points to the possibility that he may havo become dissatisfied with the 1940 will for reasons additional to dissatisfaction with the executors. He may have become dissatisfied with the notion of a trust for the Auckland City Council, and may have been searching in his mind for some other way of securing the permanent preservation of the mill. He had strong reasons for not wishing to die intestate, but his death was sudden, and we do not know how imminent he himself thought his death to be during the last months of life. He knew a will can be revoked by its physical destruction. The will not being found, what is the logical inference? Probably Partington intended to make another will although he might have been undecided as to some of its contents."

Disposal of Mill Property
The judgment given by Mr. Justice Callan in what has come to be known as the windmill case gives the whole of the estate of the late Mr. Joseph Partington to the next-of-kin mentioned in the judgment. Throughout the case reference has been mostly to the old windmill in Symonds Street, but in finding against the propounders of the two missing wills and for the next-of-kin, His Honor has clearly awarded the whole of the estate to the latter. Thus the beneficiaries under this decision are awarded everything that Mr Partington owned, including the mill, the whole of the surrounding land, with buildings; as well as money and any other property owned by him at the time of his death.

THE OLD WINDMILL
CITY'S INTEREST LAPSES

No further action is to be taken by the City Council in connection with the disputed ownership of the old windmill property in Symonds Street, which was the subject of a recent judgment by Mr. Justice Callan. There was at one time a possibility that the windmill would become the property of the council for preservation as an historic landmark, but as no suitable provision was made by the late Mr. J. Partington for the transference of this property to the citizens the city has no claim on the estate.
Reporting to the council last night, the city solicitor, Mr. J. Stanton, said that by the judgment all Mr. Partington's estate, including the windmill, went to the next-of-kin. As His Honor had ordered that costs of all the parties to the dispute were to be paid out of the estate, the council would not be put to any expense in connection with the matter. The Finance Committee recommended that the report be received and that no further action be taken, and this course was adopted.

The selling off of bits of the estate started to occur oveer the next few months: New Zealand Herald, Volume 81, Issue 24849, 22 March 1944, Page 8

TENDERS
ESTATE OF JOSEPH PARTINGTON, deceased.
Tenders are invited for the following: -
(a) for the purchase of a Morris 8 4-door Sedan, mileage 1500, original tyres, has not been registered or used for approximately 4 years. Now stored at Cadman's Parking station. Grey's Av., Auckland.
(b) For the sale for removal of an old, disused Shop situated at No. 91 Symonds St., Auckland. Successful tenderer must remove building within one calendar month of ourchase and leave site clean.
BOTH TENDERS dose on WEDNESDAY March 29, 1944, at the office of the NEW ZEALAND INSURANCE CO. LTD., TRUSTEE BRANCH, Queen St., Auckland. Tenders for car should be marked "Tender for Morris Car". Tenders for tbe building should be marked "Tender for Building." The highest or any tender not necessarily accepted.
Address Tenders to:- Tbe Trust Manager. The New Zealand Insurance Co.. Ltd, P.O. Box 634, Auckland.