A DISPUTED WILL

Manawatu Herald, Volume XLIX, Issue 3756, 18 February 1928, Page 1

A DISPUTED WILL

“This man could not afford to be charitable and at tbe same time provide reasonably for his children,” said Mi'. Justice Ostler in the Palmerston North Supreme Court on Wednesday, when an application under the Family Protection Act, by four sons of Joseph White, deceased, applied, for a bigger allowance under his will.

The plaintiffs were Percy White, labourer, of Feilding, Stanley White, bricklayer, of Feilding, George White, wheelwright, of Manaia, and Murray White, motor mechanic, of Rongotea. Tlie defendant, the executor of the will, was Alfred George White, labourer, of Feilding. Mr. Ongley appeared for the plaintiffs, and Mr. James Innes represented the Palmerston Noith Hospital Board, a beneficiary under the will to the extent of £ISOO. Mr. Cullinaue, Feilding, represented tho other beneficiaries. His Honour intimated that he would make a order reducing the legacy given by testator to the Pal- , merston North Hospital Board to £2OO and adding the balance ot

such legacy to the residue. Hq further ordered that plaintiffs each receive such a sum out of this residue when realised, as to make the share of each equal to the shares receivable by each ot the persons named in the will as residuary legatees. This order is to.be served on Edward White, in Australia, (the fifth son not mentioned in the will) and leave is reserved to him to apply to the court within two months after such service for such relief as he may consider himself entitled to.

The Court, costs are to be paid out of the estate.