INTERPRETATION OF A WILL

Dominion, Volume 11, Issue 300, 7 September 1918, Page 8

INTERPRETATION OF A WILL

RESERVED JUDGMENT. A Chambers sitting of the Supremo Court was held yesterday morning, when His Honour Mr. Justice Hosking delivered reserved judgmont on questions arising out of the will of tho late George Howe, of Palmerston North, concerning the distribution of the residue of his estate upon the death of his widow. The will provided for the division of tho residno among "nil the children of my late, brother, John Howo, and my sister, Jano Newsome, in equal shares," and this language was open to four constructions—namely (1) that tho children of John Howe and Jano Newsomo herself take per capita; (2) that tho same- persons tamper stirpes; (3) that tho children of John Howe and the children of Jano Newsome take per capita; and ('!) that tho persons take per stirpes. It was shown that tho brother, John Howo, left seven children, and Jano NewBoine three children, besides tho issue of a deceased child. A further question arose as to whether such issue took any sharo under a further clause in the will providing that if any legateo under tho will should die during the testator's lifetime leaving a-child or children, such child or children should take the sharo their parents would have taken if living. The parent of such issue, died before tho will was made. The two questions submitted in the originating summons were answered by His" Honour as follows:—Tho division among tho children was not to be in moieties, hair to one set of children and; rtho other half to the other sot, but was to bo per capita equally among them. As to the second. question the words "shall die" could be read only in their primary sense,-and that tho child of Jano Newsomo did not tako \vnder the .will. At tho hearine, Air. E. P. Hay appeared for the Public Trustco (executor of the will) ami as representing tho estate of Jane Newsome; Mr. D. M. Findlay for tho children of John Howe, deceased; and Mr. W. L. Rothenberg for the surviving children of Jane Newsome. ;