INTERPRETATION OF WILL

Dominion, Volume 14, Issue 272, 11 August 1921, Page 9

INTERPRETATION OF WILL

THE HAMILTON GILMER ESTATE. An interpretation of the will of the lata Hamilton Gilmer has been given by His Honour Mr. Justice Sim, in consequence of an originating summons brought by the Public Trustee agnmst Hamilton Andrew Hugh Gilmer and others. The plaintiff is the executor and custodian trusteo of the will. After, bequeathing certain specific and pecuniary legacies, the testator devised and bequeathed the residue of his estate to the custodian trusteo to convert the same into money and to invest the proceeds. At the hearing Mr. P. B. Cooko appeared for the plaintiff, Mr. Rothenberg for 11. A. H. Gilmer and S. H. Gilmer, Buddle for the estate of Knox Gilmer, Mr. M. Myers for Mrs. Herbert, Mr. A. Gray, K.C., with , him Mr. Kennedy, for Mrs. Zielo. The questione submitted for the determination of tho Court wore in respect of Mrs. Dolly Zielo and her rights under paragraph 7 (b) of the will. In answer to the first question it was hold that in the event of the failure or determination in Mrs. Ziele’s lifetime of the trusts in her favour, the capital and income should both go to’tho survivors of the testator’s other children. In answer to the second question, tho Judge ruled that Mrs. Zielo should take a vested and transmissible estate in her share of the residuary estate, subject only to the capital and> income of such share going over to the survivors of the testator’s other children in case of the failure or determination in Mrs. Ziele’s lifetime of tho trusts in her favour expressed in the will. • The costs of all parties are to be taxed by tho registrar as between solicitor and client, and paid out of. the estate.