LAW REPORTS

Dominion, Volume 8, Issue 2569, 17 September 1915, Page 9

LAW REPORTS

SUPREME COURT

A FARMER'S WILL Two originating summonses wero heard in tho Supremo Court yes'crday before I lis Honour the Chief Justico (Sir Robert Stout). Tho first suinmonß was brought to interpret tho will of tho lato John Smyth, farmer, lato of Atawnbo, Kumeron, llawko's Bay, who left property to tho value of about ,£20,000. Tho plaintiff in tho action was tho Public Trustee, the oxecutor of Ihe will (a home-drawn document), whilo tho defendants wero Agiies Mabel Smyth, widow of tho deceased, of Woodvillo; six infant children of tho deceased, a brother of the deceased, and a ncphow and a niece of tho deceased.

Mr. J. W. Mncdonald (solicitor for tho Public Trust Office) ond Mr. P. E. Ivclly appeared for tho Public Trustee. Mr. 11. P. O'Lenry represented the widow, whilo Mr. 11. P. Von Haast appeared for the brother of the deceased (William Smyth), for tho nephew (John Connolly), and for tho nieco (Kathleen Connolly). By his will, dated August 29, 1905, '.'ho deceased left live stock to the value of >j!7SOO, besides real estate. To tho widow ho bequeathed his furnituro, horse, and buggy, and J!3 per week, upon condition that, i£ she married again and failed o adequately maintain the six children of eleven yeaTS of njo and under, her legacy ivas to "determine." Tho land was to bo leased, and tho sheop and cattle sold, and oi-x-lmlf of tho sum realised by tho sale was to go to the first of tho sons to reach the ago of seventeen years,' to enable such son to work the farm. The other half was to provide tho legacies left to the testator's brothor (,£500) and nephew and niece each), the balance to bo divided amongst tho children. Tho rents were to bo used to enable tho son who first reached tho ago of seventeen years, to restock the farm, such son to have a half interest in tho land, the other children tA divide the remaining interest. The question for the Court was: What ivere tho exact interests of the various parties mentioned in the will? After hearing legal argument. His Honour reserved decision. INTERESTING QUESTION OF LAW. An interesting question of law was argued in the afternoon before His Honour the Chief Justice (Sir Robert Stout). The question came before tho Court in the form of an originating summons brought by the Public Trustee to ascertain the correct method of disposing of the estate of a male illegitimate, who died intestate. Under Section 50, Sub-section (3) •of the Administration Act, it is enacted that "When any male illegitimate dies intestate, leaving no issue . . . and no widow, his mother, or, if she is dead, her next-of-kin, shall succeed to the whole of the estate." The mother predeceased the male illegitimate by 40 years, and the question was: whether, "her next-of-kin" were to be counted for. the purposes of tho Administration Act at the time of her death or at the time of the death of the male illegitimate when they were more numerous? Mr. J. G. Macdonald, solicitor for the Public Trust Office, and Mr. P. E. Kelly, appeared for tho Public Trustee, while Mr. H. P.* Von Haast appeared for all tho other interested parties. Decision on the point was reserved.