PIONEER’S WILL

Sun (Auckland), Volume II, Issue 537, 14 December 1928, Page 13

PIONEER’S WILL

CERTAIN LEGACIES FAIL PROPERTY SOLD BEFORE DEATH Interpretation of the will of the late Mrs. Elizabeth Marsden Bedgood, a pioneer of Keri Keri, Bay of Islands, was the s.l ject of a judgment delivered in the Supreme Court this morning by Mr. Justice Blair. The question for the court was whether certain bequests out of the sale and realisation of deceased’s property, “Springbank,” should be upheld. Tho testator died on July 13, 192 6 In March, 1922, she had made a wsli bequeathing £SO to her foster-daugh-ter, Marie King, in addition to the net pioeeeds of the sale of cattle, horses, furniture, and incidentals to the Springbank” home. In addition, Marie King was to receive £SO from the sale of the land and the balance was to go to the trustees of *Bt. John’s College, Auckland, as an addition to the John King Scholarship fund. Various * other legacies were payable out of the general residuary estate. In April, 1924, however, Mrs. Bedgood sold her estate during her lifetime and did not revoke her \yill. “It is clear,” said his Honour, “that the legacies are specific. In such cases the rule is that if at the death of the testator there is no property answering the description of that bequeathed, the legacies fail.” The plaintiff in the suit was the Public Trustee, as executor (Mr. J. B. Johnston). The defendants were the Public Trustee as administrator of the estate of Marie King (Mr. Xorthcroft), the St. John’s College Trust Board (Mr. Cocker) and other residuary legatees (Mr. West). Tho litigants will confer on the question of costs and submit their decision to his Honour for approval.