UNUSUAL WILL.

Hokitika Guardian, 26 October 1923, Page 1

UNUSUAL WILL.

venue TiirsTKii-s difkti.tv. WKLLIXLTOX. Oct. 22. A will case with mmsal i<.-;itur< came before the Chief Justice for deter niinafiou on Saturtlav morning . 'I li matter arose out ol an originatin; summons concerning the v. ill of Saineu Conor, a farmer, who formerly reside, near I’aiea. The father embraced tin Homan Catholic faith, after being ; Protestant, but settled his estate, tin personally of which is valued at about £f]0,(!l!0, upon his son. on the condition that lie was not to become a

Homan Catholic. Mr (;. (!. Hose appeared for the I’uls lie Trustee. .Mr M. Myers, lv.C., "ill Mr If. 11. Cornish, for William Sameul dower (the son), Mr A. dray, K.C.. with Mr 11. I-'. O’Leary, for the nieces and nephews of the deceased, and Mf ,1. Houston, of Unworn, tor .Mrs Nora dower, the widow. The testator left a valuable estate in land and personality. Tiy Ids will the income of this land was to <:» to the son for life, or until lie became a Homan Catholic. In the event ol bis death, or in the ease o! his becoming a Homan Catholic, the land was to go to the children of the son, or in default, to certain nephews and nieces. Ihe personality was to he given to the son on liis majority if he had not then embraced the Homan Catholic laith. Ihe Public Trustee was appointed executor and testamentary guardian of the sou. "dh the expess stipulaion that he was to be brought up a Protestant. The will was made in TIM 4. when, William Sameul Cover was only three years ol ace. The deceased died in December of

last year. It, was stated during the proceedings that the attention of the testator had been called on several occasions to the provisions of the will. As late as January. 1922. it was pointed out to him bv a solicitor what the effect of it would be if the boy did not become a Protestant, bin he had replied: ‘ Let it stand.” This was suggested to show that he had not forgotten a will mac e manv years before. Though lormerh o' tile Protestant religion, the deceased embraced lfoman Catholicism some ten months before his death, lie lmd actually consented to having Ins clu d baptised as a Roman Catholic. Ihe bo\ had received regular instruction m that faith, and was later confirmed. IDs mother belonged to the same denomination a., her son. The proceedings were taken Ip tits Public Trustee in order to ascertain Ins duties regarding the hoy's religious m--truction and education. It.was abo X.I what would be the effect of his inheritance if lie were brought up m the Honian Catholic faith. • The Chief Justice said he would takt time to consider the matter, and would deliver a written decision.