A disputed legacy is at the heart of a hotly contested civil case between Dr. Henry Subair and Amanda Hamza, the second wife of the late Dr. Mohamed Hamza.

Dr. Subair and the late Dr. Stanley Ratteray, were the executors for the estate of Dr. Hamza.

Dr. Subair is claiming Dr. Hamza did not make a gift of part of the estate ? an account with Bermuda Eye Care and an account with Bermuda Savings and Loan ? to Amanda Hamza, a non-Bermudian.

Lawyer Harry Kessaram, who is representing Dr. Subair, yesterday told Puisne Judge John Riihiluoma that Mrs. Hamza appropriated the entire Eye Care account which contained half a million dollars.

He said there was no direct evidence of Dr. Hamza?s intention to make a gift to her and, if he did make a gift of part of the estate, it was procured by undue influence as Dr. Hamza was mentally incapacitated due to his illness.

Justice Riihiluoma heard that after Dr. Hamza died, his will was executed and a change of mandate was made enabling Mrs. Hamza to become a joint account holder of the Bermuda Eye Care and Bermuda Savings and Loan accounts.

Before his death on May 22, 2001, the late Dr. Hamza had been suffering from lung cancer which had spread to his brain.

The court heard that Dr. Hamza?s health rapidly declined between October 2000 and May 2001 and he became entirely dependent on Mrs. Hamza to be his primary healthcare provider, administering his medication.

Mr. Kessaram said the monies in the Bermuda Eye Care account had specific purposes and were intended to be used in trust for the education of Dr. Hamza?s children.

Dr. Subair said Dr. Hamza had said he would never get married again after his first marriage ended acrimoniously and repeated this on many occasions.

He said he was surprised when he heard that Dr. Hamza had decided to remarry while he was undergoing medical treatment in Boston in 2001.

Dr. Subair also said he was later told by Dr. Hamza that ?Amanda?s friends had said to Dr. Hamza that unless he married Amanda, she would have to leave the Island?.

Lawyer Mark Diel, representing Mrs. Hamza, yesterday sought to undermine Dr. Subair?s testimony that Dr. Hamza was was subject to undue influence regarding the two accounts.

Mr. Diel also questioned Dr. Subair as to how he was able to assess the mental capacities of Dr. Hamza.

Dr. Subair admitted that he was not in a position to clearly do so.