SUPREME COURT

New Zealand Times, Volume XXXVII, Issue 8359, 20 February 1913, Page 11

SUPREME COURT

INTERESTS UNDER A WILL. An action for the declaration of interests under a will was brought before Mr Justice Chapman at the Supreme Court yesterday. , The parties were Lilias Anne Watson, nurse, of Wellington, v. Jessie Watson and Robert Taanahill Watson. The Hon. A. L. Herdman and Mr E. K. Kirkcaldia appeared for plaintiff, Mr C. P. Skerrett, K.C., and Mr G. H. Fells for Robert Tarmahill Watson, and Mr W. J. Organ for Jessie Watson. Mr Herdman said that R. _T. Watson, senior, hotelkeeper, died in August, 1892, leaving a widow and ejeven children. The widow was to have a life interest in the estate and then it was to pass to tho children._ The family wet® then living at Granity, and after Mr Watson’s death the family carried on the business of the hotel until 1894, when R. T. Watson, junior, son of the deceased, went to Coolgardie with lus brother. He returned m 1895 and he (Mr Herdman) understood that ho returned at the request of his mother. She was then carrying on the whole business of her late husband, and the son went to the hotel where the family were living and took part in fhe business. He later opened a hanking account and the proceeds from the business were deposited in this account. The total value of tho property at the time of Mr Watson’s death was £839 9s 6d, which included leaseholds amounting to £417. Some time later these leases were converted into freeholds, and the money devoted to that purpose was found by the widow. Between 1897 and 1899 the hotel was removed to a piece of properly belonging to tho estate, and in 1899 it was rebuilt on this new site, and this land was transferred to her son for a consideration of £25, but it was doubtful whether any moneys passed between the parties. The family went into the new hotel, and he understood they carried on the business there. It was later arranged in some indefinite way that the son should take the proceeds from the bar and the mother should receive the money from the boarding part of the hotel. In February, 1902, the lease of the hotel was sold by the son for £ISOO goodwill, £IOO for the furniture, and £260 per annum rent. This lease was for ten years. In 1899 the son also started a sawmill on the property. The only consideration that his mother received from these transactions was £6OO, which was devoted to erecting a cottage for her. It was contended that the property was left in trust by tho deceased for tho benefit of the whole of tho children, and that Mrs Watson under the will Jiad no right to give her son certain concessions or part with any of the property. After the lunchon. adjournment the parties conferred, and it was later announced to his Honor that a settlement had been arrived at, either party to have the right to apply to the court to rectify any omissions.