A WILL PROBLEM

Hokitika Guardian, 23 December 1932, Page 6

A WILL PROBLEM

LEGATEES IN AUSTRALASIA.

MELBOURNE, December 20

Mr Justice Maefnrlan gave a tentative judgment to-day in the case in which he was asked to say whether £15,000 worth of legacies bequeathed by the will and codicils of Mary Josephine Twopenny, late of York House, Kensington, London, widow, should be paid in English or Australian currency. Mrs Twopenny left approximately £29,362 (Australian currency) in Victoria, and approximately.£lo,7so (English ’currency) in England. She was born in England in 1855, came to Australia in 1876, married Richard Ernest Nowell Twopenny three years later, and returned to England with her husband in 1913.

fn her will and second codicil, however, she declared that her domicile was’ Australia. The legatees live jin Australia, England. America, India, New Zealand and Trinidad. M r Justice.Macfarlan stated that h e would allow further evidence to be presented on the question of Mrs Twopenny’s domicile, but i l lie, had to decide tlmt. question on the 1 evidence now before him he would say that she was domiciled in England at the time of her death.

Assuming that she was domiciled m England, tbe result would he that the legacies should he treated as meaning pounds in English currency, At present. he would make no. order.