SUPREME COURT

Dominion, Volume 11, Issue 188, 29 April 1918, Page 9

SUPREME COURT

WAKGANUi WILL CASE. Points in respect to the will of Edward Tingpy, Mo of W'iuijiiiiui, oil and colour mere-hunt, were urifjod before Hie Honour the Chief Justice (Sir .Robert Stout) on i:-iiUiiiliiy morning. Sarah Helen 'i'ing>'y, widow, ot Dunedin, was the pliuntin', suid the defendants were the executors and trustees in the estato ot' Forciviil Edward Tingey and Alfred Eaton Mailman. Jlr. Louis Cohen appeared for the widow and as guardian ad litein for Murray Tijigey, infant; Mr. C. C. Hutton for the children takiug encumbered property; and Jlr. AY. J. Treadwell for the executors and certain other beneficiaries. The summons was an application under the Family Protection Act that provision should bo" made for the widow upon the ground that the provision made for her in the wilj was iundoquate. Tho parties had agreed upon this matter. An order was also applied for determining the following questions arising out of the construction of the.will:— (1) Do the specific devisees and specific legatees take the respective subject matter of their devises mid legacies freed from encumbrances and duties? (2) In"view of the-insufficiency of life insurance "policy moneys and residuary estate to pay and discharge encumbrances, debts, funeral and testamentary charges and duty, what is to bo tho incidence ,of these charges on tho respective portions of the estate? Judgment was reserved. - His Honour Mr. Justice Edwards reserved judgment in an originating summons embodying an application under ?fe Family Protection Act. Tho case which has been before the Court on previous occasions, concerned the will of John Higgins, late of Napier,, butcher, deceased. The plaintiff was Julia Higand' the Public Trustee was tho defendant. Sir John Findlay, Ji.C, with him Mr. Dolnn, of Napier, appeared for I lie plaintiff. Mr. Hay for the Public Trustee, and Jlr. C. P. Skerrott, K.C.. and Mr. D. 1?-. Hoggnrd for tho other parties interested.