SUPREME COURT

Dominion, Volume 8, Issue 2387, 17 February 1915, Page 9

SUPREME COURT

A FARMER'S WILI

: Some interesting points aro involved in an originating summons heard in the Supreme Court before his Honour the Chief Justice (Sir Robert Stout) to determine certain matters arising out of Uie will of Alexander Anderson, late of the Lower Hufct, farmer, deceased. The parties were the office-bearers of tho Church of Christ (plaintiffs) and the Public Trustee, as executor of the trustee of the will. Mr. M. Myers appeared for the plaintiffs, Mr.' J. W. Macdonald for the Public Trustee, and Mr. S. A. Atkinson for the son of deceased. T"no testator died on July 6, 1911, leaving a will dated December 16, 1908. The will directed the Public TVustee ,to pay to the son of deceased £78 per annum, to commence on the date of death, with the condition that if the son married the annuity was thereupon to cease. The whole of the income, after payment of the annuity, was to be applied in the discharge of certain mortgages on the real estate and on the death or marriage of the son. On the discharge of the mortgages £30 per annum was to be paid to the office-bear-ers of the Church of Christ, Vivian Street, Wellington, £20 per annum for ever to the Church of Christ at tho Hutt; £10 per aianum to be applied to the maintenance or advancement of New Zealand students at the Bible College in Melbourne; £5 per annum towards the support of the mission at present being carried on by the Church of Christ at Bulawayo, South Africa, and the balance of the income to . be applied for over towards assisting needy churches in Now Zealand of the denomination known as the Church of Christ and to be distributed by the office-bear-ers of the Vivian Street Church through the executive of the conferfnce of the Churches of the middle districts of New Zealand. The following questions were submitted, for determination by the Court:—

(1) Whether the _ plaintiffs were entitled during the lifetime of the testator's son or for a period of twentyone years/from the death of Alexander Anderson to have paid over to them in each year the surplus of the net income of the estate remaining for that year after payment of the annuity of £78 per annum to the testator's son?

(2) Whetlier the provisions of the will as to the forfeiture of the son's income on marriage were void as being in restraint of marriage? (3) In what manner, the Public Trustee ought to apply the net inoome of the estate during the interval in between the date of expiration of twentyone years after the death of the testator and the death of tho testator's soil ?

All paries were agreed that the provisions of tho will as to the forfeiture of the son's income were void as being in general restraint of marriage, but had the income been given to him until he should marry the provisions would havfc been good. Tho other questions involved consideration' of technical points of law, including the effect of the Thellusson Act, 1800, which forbids the > accumulation of income for a longer' period than twenty-one years. Decision was reserved.