TRUSTEES UNDER A WILL

Dominion, Volume 11, Issue 258, 19 July 1918, Page 3

TRUSTEES UNDER A WILL

4 AN INTERESTING POINT. His Honour the Chief Justice (Sir Robert Stout) delivered reseryed judgment, yesterday jln the Spireme Court in the case of. the Public Trustee, as executor of the will of" John Tiffin Stewart, late of Wanganui, plaintiff, and the Mayor and councillors of Wanganui, the A'ttomoy-General, Ellen Agnes Neamc, and Walter Stewart, defendants. This was an originating summons asking for the determination of the following questions: (1) 'Who are the trustees named in tho first codicil of the will ot John Tiffin Stewart as being the trustees primarily appointed to administer tho trusts, that is 'to say, whether suchtrustees were: (a) The persons holding tho offices of Mayor and councillors respectively of the said borough at the date of the testator's death, (b) whether the Mayor and councillors holding office for tho time being and from time to time as tho statutory executive authority of tho said borough, (c) the Mayor, councillors, anil burgesses of tho Borough of Wanganui as a corporate body? (2) Whether such trustees determined as aforesaid were legally competent to accept ■ and administer such trust or appoint other trustees to do so. (3) Whether the disposition of the property as provided by the will constituted a valid charitable trust. '.ii His Honour in n lengthy .judgment answered the questions as follow:—(1), The Mayor, councillors, and burgesses of the Borough of AVangauni are the trustees; (2) thev can accept and administer the trust; (3) the gift is a valid charitable trust. No order was made as to costs. , „ ■ Mr. W. J. Treadwell appeared for tho Wanganui Borough Council and also for certain of the residuary beneficiaries under the will; Sir John Salmond, K.C., for the Attorney-General; Sir John I'indlny. K.C., with him Mr. L. L'E. Edwards, for Dr. Truby King as representing tho Plunket Society; and Mr. h. I. Hay for the Public Trustee.