Remembered His Unofficial Wife

Sun (Auckland), Volume I, Issue 288, 25 February 1928, Page 26

Remembered His Unofficial Wife

Merchant Bequeaths Her £12,00() COURT UPHOLDS BEQUEST In the Chancery Division, London Mr. Justice Eve recently delivered judgment in the action concerning a legacy of £12.000 bequeathed by a fourth codicil to the will of the late Mr. John Duncan Blackwell, a Manchester merchant, of West Didsbury, who died in June. 1925, leaving an estate of about £IOO,OOO. By the codicil, dated February 13, 1925, Mr. Blackwell bequeathed to five friends £12,000 to be invested, and the income to be applied yearly “fcr the purpose indicated by me to them, with full power at any time to pay over the capital sum of £S,OOO to such person or persons indicated by me as they think fit.’* Mrs. Francis E. Blackwell, of Hyde, Cheshire, the widow, and their son, Air. John Duncan Blackwell, of Jurbv, Isle of Man, said this was not an effective expression of a trust and the trustees disputed her contentionIt was stated that the second trust was in favour of a woman, not the widow, and her son. Mr. Justice Eve said that for some years prior to his death Mr. Blackwell without the knowledge of his wife and family had had relations with a woman who had a son, now aged 16. He told his intimate friends of his desire to provide adequately for the .woman and the boy, and stated that he proposed to leave £12,000 to them. He consulted Mr. Cowley, an advocate of the Manx bar, and High Bailiff of Ramsey and Peel, who expressed the opinion that Mr. Blackwell’s desire to settle the money without disclosing the names could be given effect to in the form of a secret trust. Mr. Cowley drafted the codicil. He (Mr. Justice Eve) decided thera was a valid trust of £12,000 in accordance with the codicil and memorandum, and dismissed the action, the plaintiffs to pay the costs of the action.