DISPUTE OVER WILL

Sun (Auckland), Volume IV, Issue 1030, 22 July 1930, Page 14

DISPUTE OVER WILL

INTERPRETATION SOUGHT WAINGARO FARMER’S ESTATE From Our Oicn Correspotidc.it HAMILTON’, Today. The meaning of the term “all moneys” was the basis of an action in the Supreme Court today, when Mr. Justice Herdman was asked to interpret the will of the late Thomas Harry White, a farmer, of Waingaro. The will was not legally drawn up and was executed on October 11, 1929, and witnessed by R. Darrow and D. C. Bartlett. Application was brought by Arthur E. Wilson, executor, to whom probate was renounced by P. Feenej', Solicitor, Ngaruawahia, who was made executor and trustee. Mr. J. Hogben, of Auckland, appeared for the widow, and J. F. Strang, of Hamilton, and Mr. Gordon, of Taumarunul. for the next of kin. other than the widow. Mr. R. J. Loughlin, of Christchurch, appeared for the residuary legatee. Dr. Barnardo’s Home, London. -

In the will, deceased said: “I give, devise and bequeath to my wife. Esther Mary White, the sum of £I,OOO cash, also the life interest on the balance of my estate.” various personal articles are bequeathed, the will concluding: “Upon the death of my wife, all moneys I bequeath to Dr. Barnardo’s Homes. London.” In addition to the cash, deceased’s estate comprises land and securities, the total value of the estate being about £6,000. The main question at issue was whether the term “moneys” mentioned in the will meant only the cash and the securities. Mr. Hogben contended that "moneys” included the cash and the investments in which testator’s interest was expressive or receivable in terms of currency, but that it excluded all realty, such as land, livestock and implements. Counsel contended that the wife should receive £I,OOO cash, a life interest in the balance of the estate, and a two-thirds interest in the property, exclusive of the interest to Dr. Barnado's Homes. The word “cash” was obviously intended to indicate payment of currency to the widow and one could conclude from that that the use of the word ‘'moneys’* later meant something more than cash. Mr. Strang considered the meaning of the term “moneys” contradicted the term “estate.” He submitted that realty unquestionably excluded a motor-car, furniture, livestock, etc.