MARRIAGE BAN IN WILL
NIECE NOT TO MARRY FOREIGNER
Can a testator, by staling in a will that persons disputing its validity will forfeit interest in the estate, prevent beneficiaries from asking for what they believe to be their rights at law ?
This question is brought to the front by the will, which has just bee n passed for probate, of Mr. Robert Edward Free, of Essex. The will contained a clause tha. any person disputing its validity or refusing to comply with the terms should forfeit all interest under it. Mr. Free, who was formerly a member of the firm of Messrs. Free Rodwell and Co., maltsters, left £03,421, with net personality £l-0,559. He bequeathed his estate in trust for his niece, Phyllis Mary Eldon Freer, “provided she does not marry a foreigner.”
How Courts Help Discussing the matter a barrister said:
“The clause about disputing a will is a common due. Us real object is to prevent quarrelling among the legatees and to debar them from attempting to upset the will on the ground of the testamentary incapacity of the testator or of undue influence.
“It does not, however, prevent anyone from going to the court and asking for guidance in the construing of the will. This is frequently done.”
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/SUNAK19290214.2.84
Bibliographic details
Sun (Auckland), Volume II, Issue 588, 14 February 1929, Page 9
Word Count
212MARRIAGE BAN IN WILL Sun (Auckland), Volume II, Issue 588, 14 February 1929, Page 9
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