COMPLICATIONS IN WILL

Sun (Auckland), Volume IV, Issue 1066, 2 September 1930, Page 7

COMPLICATIONS IN WILL

SISTERS SEEK SHARES OF £BO,OOO ESTATE MARRIAGE CLAUSE FOUGHT The terms ot the will o£ their grandmother, who, by a codicil, made their marriage necessary before they could share fully in the income of the estate, were attacked by four sisters, in an originating summons heard by Mr. Justice Herdman in the Supreme Court yesterday afternoon. The estates involved were those of Mrs. Johanna O’Sullivan, the grandmother, and Mrs. Mary Foley, mother of the applicants. The true value ot the two estates, it was stated, was at least £BO,OOO, which v/as bequeathed to the unborn children of the four sisters. The mother died first, leaving the income of her estate in equal shares to her daughters, this giving them £240 a year each. The grandmother left the girls an equal share in the income together with a legacy of £I,OOO each on their attaining their majority, but by a codicil reduced these bequests to £SOO each, and directed that only such income as was necessary to make up the income from the mother’s estate to £4 weekly each to tho daughters should be paid until a year after the girls married. Mr. Leary, lor the applicants, contended that the grandmother’s will was invalid because there was no provision for accumulation of income after the girls attained their majority, and that as next-of-kin they should receive tho money accrued. Counsel also applied for art advancement of £1,5U0 each out of the capital of the mother’s estate to enable them to travel for musical and dramatic studies. He also asked for £B,OOO to he set aside to provide an extra £IOO each for the girls for living expenses. APPLICATION OPPOSED

Mr. Sellars, on behalf of the ultimate beneficiaries, opposed the application. He poined put that the sisters were receiving all the income from their mother’s estate amounting to £240 a year each. In addition each lad been made an advancement of £I,OOO out of the capital of the estate ’or the purpose of a trip abroad, and wo of the girls had actually received die legacy of £SOO each, to which they were entitled under the will of their grandmother. He considered that the sisters had been very liberally treated. He described the plan that £B,OOO of the capital of the mother's estate should be set aside to provide an extra £IOO each for the sisters, as “very ingenious." He contended, however, that the drawing upon the income of the grandmother's estate would be a violation of the terms of her will. “NOT SUFFICIENT"

Mr. Prendergast said that the trustees considered that, in view of the manner in which the girls had been brought up, £4 weekly was not sufficient to maintain them in the way to which they had been accustomed. If it could be arranged the trustees did not think that £6 a week each would be unreasonable. He pointed out that at the time the wills w f ere made the estates, which consisted largely of City properties, were worth considerably less than their present value. Hjp Honour adjourned the hearing to enable counsel for the ultimate beneficiaries and counsel for the trustees to submit written argument.