LEGACY TO HOSPITAL.

Shannon News, 21 February 1928, Page 2

LEGACY TO HOSPITAL.

SONS GET NOTHING. APPEAL AGAINST WILL. * Under the will of the late - Joseph White, who was a bricklayer, at Feilding, three sons and two daughters benefit to the' extent of three-quarters of the estate. The other quarter share was bequeathed to the Palmerston North hospital. On the other hand deceased left nothing to five of his sons, four of whom applied to the Supreme Court in Palmerston North on Wednesday for consideration under the will. ,

Petitioners were Percy White, labourer, of Feilding; Stanley R. White, bricklayer, of Feilding; George White, wheelwright, of Manaia; and Murray Herbert White, motor mechanic, of Rongotea. Mr. Ongiey appeared on their behalf while Mr. J. P. Inaes appeared for the Hospital Board and Mr. Cultinane (Feilding) for the beneficiaries in the estate.

The assets were valued at a little over £6OOO which makes the gift to the hospital approximately £ISOO. Mr. Innes, who appeared for the Palmerston North Hospital Board, stated that the Board did not want to make a very conspicuous defence realising that the family had first claim upon their father’s estate. The Board would be satisfied with such order as the Court deemed just. Mr. Cullinane, for the beneficiaries under the will, contended that his clients could not afford to have their portions interfered with. TTis Honour remarked that the just thing would be to cut out the legacy to tilc hospital and divide it amongst the 'children not mentioned in the will. This man had a number of children requiring his assistance and were entitled to it for the way' thtfy had helped him to build up his wealth. He can’t afford to be leaving legacies to an institution at all. The trouble about cutting out the hospital, however, was that it would be practically remaking deceased’s -will for him and the Court was not supposed to do that. His Honour intimated that he would consider the matter more fully before giving decision. Hospital Legacy Reduced. Later his Honour intimated that he would make an order reducing the legacy given by testator to the Palmerston North Hospital Board to £2OO and adding the balance of such legacy to the residue. He 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 of 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 cf the estate.