INTERPRETING WILLS.

Taranaki Daily News, 6 March 1922, Page 6

INTERPRETING WILLS.

SUPREME COURT PROCEEDINGS. RULINGS ASKED FOR. Two originating summonses which had for their object the securing of the Supreme Court’s opinion on the wording of certain wills were heard by Mr. Justice Chapman at New Plymouth on Saturday. The first case concerned the will of the late Albert Harrison, of Mata, the plaintiffs being B. Dive, of Auckland, and W. J. Tristram, of Eltham, trustees. The testator made a will on May 18, 1918, and died oh October 23, 1919. He divided his estate between three children—James A. Harrison, Gordon Harrison and Mrs. Ada Fitzsimmons, the division being subject to th- payment of certain legacies. The Court was asked to decide whether the will provided for the estate to be held under a joint tenancy or a tenancy in common. Mr. J. L. Weir (Eltham) appeared for the trustees, Mr. C. R. Stead (Waitara) appeared for Mrs. Fitzsimmons, and Mi. R. H. Quilliam (New Plymouth) for all the other beneficiaries. Under the terms of the will the bequest of the estate to the three children was subject to the payment of an annuity of £3OO to the widow for life, or until re-marriage, and to the following legacies: £lOOO to Albert J. Harrison, £lOOO to Mrs. Beatrice Walker (a daughter), £5O to Mrs. Florence Courtenay (daughter) and £3OO to Herbert A. Craig, a grandson, when he reached 21 years of age, and providing he was in the service of the testator at the time of the testator’s death.

In addition to requiring a definition as to whether the legatees were joint tenants or tenants in common, it was also desired to know whether the trustees were at liberty to carry on the business of farming, and, as Gordon Harrison would be a minor until June, 1923, whether they could appoint J. A. Harrison as manager of the farm. In explaining this question Mr. Weir said that the trustees did not think that the property could be leased for such a short time, as Gordon Harrison would come of age in June, 1923, and even if this could be achieved they did not think it a desirable method, neither did they favor putting in sharemilkers. He believed all the parties were in accord with ibis idea, and that they would be prepared to acquiesce in any order the Court might make. Mr. Stead, who appeared for Mrs. Fitzsimmons, said his client had previously objected to the wages which it was proposed to pay to J. A. Harrison —namely, £312 per year—but after the explanation of the trustees had agreed. Mr. Quilliam, on behalf of the other beneficiaries, intimated thafj all agreed that it would be better for the estate if J. A. Harrison was put in charge. In regard to the legal question of tenancy, counsel quoted various cases on somewhat similar lines for the consideration of the Court in reviewing the point. The value of the estate, as proven for the purposes of death duty, was £7534. Land formed the biggest item, including one property of 315 acres leased under a compulsory purchasing clause, valued at £7075, less mortgage of £4500, leaving an equity of £2575. The present farm of 320 acres was valued at £7355 at the time of death, this being on the basis of £23 per acre, but the trustees believed that the value was more like £3O per acre. This was subject to a mortgage of £5OOO, and on the market valuation would leave an equity of £4600, or, on the other valuation, £2555. Personal estate was set down at £2500. Counsel thought the total could be estimated as being in the vicinity of £lO,OOO. His Honor reserved decision.

AN OLD WILL. “A case of a home-made will,” said counsel in his opening statement in another case on which the Court was asked to decide the terms laid down. The will concerned was that of the late HenryWood, of New Plymouth, and the plaintiffs were Mrs. Phillipa T. Wood and H. T. Wood. The defendents were Reuben A. Wood and numerous beneficiaries. Mr. Stead appeared for all parties. The late Henry Wood died on February 17, 1878. He instructed that his town sections in Raleigh (the old name for Waitara) should be let on building leases, and also that sections in the town of New Plymouth should be dealt with similarly, the rents accruing to be equilly divided between Mrs. Wood and children. Counsel stated that the Waitara property had never been leased for the purpose stated, and were not likely to be, but the executors had negotiated for their sale. The Court was asked to decide whether the direction that the rents should be divided between the children gave them a life estate in the land, and, if not, whether the widow was the sole devisee. If she was not so the executors asked for an order for leave to sell the land. Decision was also reserved in this case.