WILL CASE DECIDED.

Dominion, Volume 6, Issue 1842, 30 August 1913, Page 14

WILL CASE DECIDED.

ESTATE OF ALFRED HENRY I'RIOJD. Judgment was delivered yesterday afternoon by Mr. Justice Chapman in tho matter of. the will of Alfred Henry Price, deceased, in which Charles Henry St. Hill and another were the plaintiffs, •and Frederick Ash toil Price and others were tho defendants. His Honour said that the question now argued' was left undisposed of when tho originating summons was heard. It was there held that the -share of each child vested at least as soon as such child attained tho ago of 21, hut it was not decided whether each child took an immediate vested interest on the death of the testator. Since then a son (Arnold Mason Price) had died under 21, and it became necessary to decide whether his share was tested. The-will was dated September 28, 1900, and testator died on Juno 1, 1903. Testator had several sons under 21, some of whom wero still under 21, and (laughters under 21, who had all attained 21. The widow was still living. His Honour held that so long as the annuity went to the widow it wa3 held by her on condition'that she maintained and educated the children. Upon tho fullest consideration he had been able to give to that .peculiar will, ho hold that tho share of the deceased was a vested s!hare. Costs of all parties should bo paid out of the estate. Mr. H. A. Cornford (Napier) was the solicitor for the plaintiff, Messrs. Moorhouse, Hadfield, and Newman (Wellington) appeared for Mrs. Price, and Messrs. Sainsbury, Logan, and Williams (Napier) represented the children Who had attained 21.