DIVISION OF BEQUEST

Sun (Auckland), Volume IV, Issue 1049, 13 August 1930, Page 18

DIVISION OF BEQUEST

THREE SOCIETIES TO BENEFIT FOR INDIGENT GENTLEWOMEN Three Auckland societies, the Ladies’ Benevolent Society, the Salvation Army Eventide Home, and the Mary Ann Barstow Trust, will benefit by the division of a bequest of £SOO under the will of Miss Isabella Campbell, of Remuera, who died on March 27, 1929. The money was bequeathed to “any association of the City of Auckland established for the maintenance or the relief of indigent gentlewomen that may be in existence at the time of my decease.” The trustees were in doubt concerning the validity and destination of the bequest and submitted these questions to the Supreme Court for determination. In a judgment delivered yesterday, Mr. Justice Smith held that the bequest was too vague and uncertain to be valid. As the testatrix had shown a general charitable intention the bequest must be applied cy pres. After an exhaustive inquiry into the claims of various organisations, a scheme of division among the three bodies named had been approved by the AttorneyGeneral, and with which his Honour agreed. Costs of the parties were ordered tor be taxed and paid out of the residuary estate, save the costs of the trustees of the will and the Attorney-General, which are to be met out of the fund.