LAW REPORTS.

Dominion, Volume 7, Issue 2012, 20 March 1914, Page 5

LAW REPORTS.

SUPREME COURT. • 'A MOTUEKA FARMER'S WILL. rThe Supreme Court was occupied a! vday yesterday considering questions ai fecting the interpretation.to be placei , on certain wills.' His Honour the Chie Justice; (Sir Stout) w-as on th bench. ,;, '.-J-■','■ '■ ".•:' "•-■; ..'. : >v 'Tnd-Court'heard ..argument concern ing.;tli'e. will of-the lato.Charles Green farmer,'of; Motuek/a. The will contain .cd.'au allegedly ambiguous clause, whicl • rah: ''If my soil,-Joseph Green, dies un married, or if he marries and leaves i widow, with no legitimate issue. . . .' , It; was contended, on the one hand, tha this' clause referred. 'to the ccntingenc; of Joseph Green dying- during nil fatherV- lifetime, and itjiat as he hac survived-his- father, thorproperty fell t< him absolutely. Other, parties'-to t'hi case opposed this view, contending thai . it was immaterial '.whether he survive* his father ;or not. • ■ The plaintiffs were Thomas Pettis anc .Henry Green, of Nelsoii, executors oi the will, while the were Joseph Green (of Ngatiriioti),- a son of the deceased, and, Donald Joseph John . Trigger Green . (of :/ : Foxton), Hubert Rowling David Green/(Kimbolton), Norman G. Green (Gisborne); Cyril Coiisens Green, Russell Newton. Green, and Roy Francis Green. (TeAwamutu), and two infants—Florence Juanita Green and Charles Nelson Green (of Longburn)— -nil of the last .eight named persons being, the children of George [ Green, another son of the testator. Mr. W. J. / , Sim appeared for the plaintiffs and the two infant defendants; Mr. T. Young for the defendant Joseph Green; and Mr. 0. P; Skerrett, K.C., with whom .was. Mr.. G. Samuel; "for the.other de- '-. fendants; I' ' .'..'• His Honour reserved'decisidn. BASIS FOR STAMP DUTY, i, , ' The Court was also. asked. to interpret the will of the late John Richard Randerson, in order that a proper basis for the assessment of stamp duty might 'be arrived at. The Commissioner of Stamps claimed that the assessment must be on the basis of an absolute in- ; teresti and the executors of the will contended that the interest-was a life one, and that the assessment must bo made accordingly. The S«licitor-General (Mr._ J. W. Sal- • rnond) appeared for the Commissioner :' of Stamps, and Mr. H. F. ion Haast for the executors of the will. _. In this case also' decision was reserved., '■•'''. .