SUPREME COURT.

Dominion, Volume 5, Issue 1247, 2 October 1911, Page 4

SUPREME COURT.

THE READING OF A WILL.

In tho Supreme Court on Saturday morning tho Chief Juslico (Sir ltobert Stout) heard- nn originating summons under tho Declaratory Judgments Act, asking for an interpretation of a will. The parties to the action were Francis M'Oarthv, bootmaker, of Manaia, and Florence Thomas M'Carthy, miller, of Manaia, plaintiffs, and licmard M'Carthy, solicitor, and executor and trustee in the estate of l'hilip M'Carthy, deceased, defendant. Mr. IT. I). Bell, K.C., ■'with him Mr. E. J. Fitzgibbon, appeared for tho plaintiffs, Mr. C. 13. Morison for tho defendant (Bernard M'Carthy), and Mr. A. W. Blair for C. J. M'Carthy, hotelkeeper, of Wanganui, a beneficiary under the will. The question for the Court to decide was whether the plaintiffs (the two sons of deceased) had an absolute bequest by their mother's death, or whether it was ohlv a lifo interest. After hearing legal argument, his Honour held that an absolute bequest was intended, and gave judgment, accordingly, with costs as between solicitor and client to be paid out of tho estate;