A WILL INTERPRETED

New Zealand Times, Volume LIII, Issue 12606, 17 November 1926, Page 3

A WILL INTERPRETED

INVESTMENT OF MONEYS l(0N-F0RFElTURE RULED t RESERVED JUDGMENT' DELIVERED In the Supreme Court yesterday, his Honour Mr Justice Alpers delivered re- ! served judgment in the case concerning the will of George Hume, slieepfarmet, late of Martinborough. By a second codicil, the testator directed that within three years of his deatlf his trustees should raise £BOOO from his estate to be paid to the Public Trustee, who ••was to invest the money, and to pay the net lyinual income to the testator’s son, George Gordon Hume, during his lifetime “without power of anticipation and so long as he does not become bankrupt 6r make a composition with his creditors.” The money was accordingly invested, and later Hume gave an order for £lO in favour of Albert William Gould, solicitor, of Ohakune. The order was forwarded to the Public Trust Office, and, on its receipt, the Public. Trust Office advised Gould that it was their opinion that the order operated to"" determine Hume’s interest , in the trust fund. Gould then cancelled and withdrew the order. His Honour explained that the question he had to decide was whether the direction or order operated to /deters mine the trust of the income declared by the second codicil in favour of -the plaintiff. After quoting numerous authorities dealing with the subject under review, his Honour answered the question in the negative.