"ALL MY PLATE, LINEN, CHINA—"

Dominion, Volume 4, Issue 1083, 23 March 1911, Page 5

"ALL MY PLATE, LINEN, CHINA—"

, 1 BUT WHO GETS THEM? (By Telegraph.—Press Association.) Dunedin, March 22. An unusual case arising out of a will came before Mr. Justice Williams in the Supremo Court to-day. Bridget Elizabeth M'Creedie, widow, of Highcliffe, made a will in which was tho following clause: "All my plate, linen, china, books, glass, pictures, prints, furniture, and other, household effects to my grand-daughter Mary Brown, of Mataura, in the 'colony aforesaid, spinster, absolutely." Mrs. M'CrEcdie had three grand daughters named Brown at Mataura, but not ono of them was named Mary. Mr. Callan said that Bishop Verdon, executor, had brought the proceedings in the hope that the parties interested would give the Court some material on which to solve the doubt created by the. wording of the will. Mr. Stout (of Invercnrgill) said that since thft issue of the summons he had been looking into the matter, and he oould not avoid the conclusion that there was intestacy. He represented Mrs. Elizabsth Brown,' of Mataurn, wife of Samuel Brown, and mother.,.of. ; testator's, thrte grand-daughters. . His Honour said that the case of Drake v. Drake was similar. Testator in that case left an interest in an estate to his niece, and named her, but he had three nieces, and not one of them bore the name which he gave. That was so hero, and there was nothing in the external circumstances to indicate which niece was meant. Mrs. M'Creedie's grand-daugh-ters were named, Eva Isabel Elizabeth, Slargarct, Julia, and Lily Ellen. Mr. Stout said that it was a small estate, and he was anxious to avoid putting the parties to the expense of inquiring as to the next of kin. His Honour: What else can be done? Mr. Stout mentioned that the next of kin included Richard Howard, uncle of the girls, who, so far as' was known,, was wandering about in Australia. His Honour: If Richard Howard is dead the whole goes to Mrs. Brown. Mr. Stout said that he had tried in vain to get traces of Howard. His Honour: Is is simply a question (if there, is intestacy) of whether Elizabeth Brown is entitled to the half or the whole. An order was made that the legacy to : Mary Brown lapsed through tho uncertainty of the wording of the will, and i that tho Registrar at Invcrcargill should inquire as to tho next of kin.