BLOOMFIELD V. COLEMAN.

Poverty Bay Standard, Volume XI, Issue 1329, 14 July 1883, Page 2

BLOOMFIELD V. COLEMAN.

This important case which was argued last March before Mr Justice Gillies by Messrs lleskeih and Kenny, on behalf of tho plain tiff, and by Messrs Coleman and Whitaker on behalf of the defendants, has been decided in favor of tho plaintiff, Mr Justice Gillies ruling that Mr Bloomfield is entitled to his share of tho residuary estate at once, and that the eflbet of the clause relating to the Matavvhero Estate must be left a moot point until the mother’s death. The judgment has practically the c-ffect of entitling Air Bloomfield to his share of the residue now, and to Matavvhero at his mothers death.

■ The following report of the case we take , from the Auckland “ Evening Star ” Air i K. Hceketh & Kenny for plaintiff, Messrs A, j E. Whitaker and Cotier for defendants. This I was an action brought by u ueviaee and i residuary legatee under the will of the late I Captuiu Ruud, of Poverty Bay, against the i trustees and executors of the will, and the • other residuary legatees to havo die t rusts oi ' the will declared. The plaintiff was the : eldest son of the testator’s brother, and he has just came uf age. Two properties were bequeathed by the testator to his brother’s widow and chi dreri, namely, Tuhauriarangi, on the Arari River, to the eldest son, Thomas Real Bloomfield ; and Alatuwhero, near Gisborne, in trust for tho widow, Barah Bloomfield, so long as like remains unman ied, and after decease or marriage, for the eldest, son, provided that immediately after that event it should be valued, and its value dei dected from the share of the eldest son in the I testator’s estate. The point in dispute was I as to whether the plaintiff's interest was to j be ascertained now or only at his mother’s I death, another provision in the will declaring that tho children should receive their Bhar.-s |as they came of age. After going very fully into the whole matter, His Honor s»id he thought the intention of the testator to be gathered from his will was, that his whole estate except Tahaurearaugi was to bo equally shared by the six children, but at tho same time he wished Matawhero to be kept in the family. How this was to be acomplished when Matawhero fell in, was a matter on which they need no speculate, until that contingency arose. Meanwhile there would be a decree in favour of the plaintiff for the payment to him of hisshare of the residuary estate at present in the hands of the trustees the costs of all parties to tho suit to bo taxed as between solicitor and client, and paid out of the estate.