WILL INTERPRETED

Sun (Auckland), Volume IV, Issue 1006, 24 June 1930, Page 10

WILL INTERPRETED

COURT GIVES JUDGMENT Press Association WELLINGTON, Today. The Court of Appeal today delivered judgment in the case in re Charles Edwin Cockburn Hood Shapland, deceased. The judgment of the Court was delivered by the Chief Justice, Sir Michael Myers. In regard to the first question for the opinion of the Court the judgment held that testator intended to say that upon the death of liis wife, provided she outlived him, he left Benson Cockburn Hood the sum' of £2OO and that, in the opinion of the Court, this portion of the codicil must be construed as giving an annuity of £IOO during Benson’s life and a lump sum of £2OO in addition on the death of the widow. In regard to the second question the Court held that the codicil contained no reasonably clear revocation of the gift to the children and that the retention of the gift to the children was not inconsistent with the codicil. Costs are to be taxed by the registrar and paid out of the estate. In March the Court of Appeal heard a summons for the interpretation of the will of Charles Edwin Cockburn Hood Shapland, late of Glendonald, near Masterton, who died in England in April, 1926. This summons was removed by the Chief Justice, Sir Michael Myers, to the Court of Appeal for argument, and for the answer of the court to the following two questions:—(l) Whether the sum of £2OO bequeathed by the fifth codicil of the will of deceased in favour of Benson Cockburn Flood, a nephew of deceased now in England, means a sum of £2OO a year, or a single sum of £200; (2) what is the effect of these words in the said fifth codicil. “I revoke my previous will entirely with regard to my nephew, Benson Cockburn Hood, made in Masterton. Net/ Zealand,” upon the interests bequeathed by the said will to the children of Benson Cockburn Hood.”