SUPREME COURT.

Dominion, Volume 5, Issue 1510, 5 August 1912, Page 6

SUPREME COURT.

( OBSCURITY OF HOME-MADE WILL. j j THK M'CUTX ESTATE. ! ( 111 March last, (Ik> obscurity of aphonic- ] niutlu" will rendered it neccssary 'fur the ! interested parlies to appear before Mr. 1 Justice Chapman for an interpretation. His Honour then thought that the riues- [ tions involved were of sufficient import- I ance to go before tho Pull Court. Tho 1 action accordingly name on for hearing yesterday before the Chief Justice (Sir liobort. Stout), Mr. Justice Chapman, and ( Mr. .1 listico Sim. ' The plaintiff was Fiedc'rick Machin, of ; Pruhvan, Victoria, who took acticn on his own behalf and that of his infant children, and as administrator of the Victorian estate of Alice Caroline Machin (uca Al'Gill). Tho defendant was the Public"Trustee as executor of tho will of ; tlva late William M'Uill, monumental mason, of Wellington. Mr. A. A. S. Mentcith appeared for plaintiff, while Mr. J.\ W. Macdonald, with him Mr. F. E. Kelly, appeared for tho Public Trustee, who represented also tho children of deceased, whose interests were adverse to those of plaintiff. The lato William M'Gilt died in February, lilOG, leaving a home-drawn will, dated July 22, 1005, appointing (he Public Trustee, executor and trustee of his estate. In this will deceased gave a number of legacies and directed that his personal estate should be divided into 11 parts—one part to his wife and one part to each of his ten children, of whom Sirs. Machin was one. -To his sister lie gave an annuity, while his veal estate (which, at tho ti'mo of his death, was worth .Ell,488) was not to be sold until-his wife had dieii and his youngest child had attained.tho age of 30 years. Until the time of such sale, the rents of this estate were to b& equally divided among his wife and children. On the sale of the realty, provision was to be made for tho annuity, and the remaining proceeds wero to be divided among those of his family who might then be. alive. Tho will went on to provido ' that, if any child predeceased him ("William M'Gili), leaving children, who survived the testator, "then the said trust estate' or the share thereof, to which such son or daughter so dying would be en-, titled if living at my decease and at tho ago of 30 years have been entitled under the trust nloresaid, shall bo field for such children of such son or daughter as if such son or daughter had died immediately after my decease." The period of distribution has not .vet arrived, but Mrs. Machin recently died, leaving a husband and several children. The plaintiff, Frederick Machin, contended that 'to give effect to tho last clauso mentioned and let in Mrs. Machin's es- ' fate), tho words "that may be alive at that time" should be struck out so as to make the share in the proceeds of the sale vest at testator's death, and enablo lie.r- administrator to claim her portion, l'laintiff,'- as her administrator, > also claimed her share of the rents accruing from the time of death until the period of distribution. After argument, the Chief Justice suggested that a settlement might be arrived at. The Court would withhold its decision to give the parties an. effort to agree upon a suitable course.