A WILL INTERPRETATION

Dominion, Volume 14, Issue 35, 5 November 1920, Page 8

A WILL INTERPRETATION

MITIGATION IN SUPREME COURT. Beforo Mr. Justice Salmond. in the Supreme Coi\rt o!'. Wednesday, nn application was made by J. A. 0. Elkington, of Clifton Grove', Wairarapa, for the interpretation of a- will made by the lato W. F. Elklnirton. Mr. Hadfleld appeared for the widow of the deceased, and Mr. 0. JS. Vraernell, of Mastcrton, for the applicant. The trutteeß of tho estate were represented by Mr. E. K. Kirkcaldic, and Mr. J. Prondovillo represented the Attorney-General.. The nutations .submlttcci for the decision of His Honour wero: first, whether the widow should take a life estate under the will, or absolutely; and second, were the" bequests for charity contained in the will valid, or void for lack of certainty? Evidence showed that tho will was a "home made" one, having been drawn up In Now Zealand in 1912. In that year, however, the testator left the Dominion, and resided in England and on tho Continent, until his death in 1916. Tho value of the estate was about £50,000, and in his will the testator expressed the denlrj to Increase the amount left to English charities to £1000 a. year for three years, or an his trustees might direct. Tho Court resorved judgment. ====== I