INTERPRETATION OF WILL

Wairarapa Times-Age, 4 December 1940, Page 3

INTERPRETATION OF WILL

QUESTIONS FOR JUDGE TO DETERMINE. JUDGMENT RESERVED. (By Telegraph—Press Association.) WELLINGTON. This Day. An originating summons was brought in the Supreme Court, Wellington, yesterday by Heathcote Beetham Williams. of Turihaua, Gisborne, sheepfarmer, trustee of the will of Elfie Clare Williams, late of Wellington, spinster, to determine certain questions concerning the will. The first defendant was Maude Mary Anne Burge, Northwood Herne, Kent, England, now residing temporarily at Taupo, New Zealand. The second defendants were Guy Coldham Williams, Masterton, sheep-farmer; Aloar Temple Williams, Christchurch, retired sheep-farmer; Eila Mabel Reed. Kawakawa. Bay of Islands; and Una Mildred Hoare. London. The third defendants were Barbara Hope Deans, Masterton; Alister Coldham Williams, Masterton, sheep-farmer; Nancy Hope Borthwick, Masterton; Joan Elfie Dillon, Blenheim (children of Guy Coldham Williams); David Temple Williams, Hastings; and Belinda Temple Williams, Christchurch (children of Algar Temple Williams); Anne Temple Githa Hore, London, spinster; and Raginald Merrick Hoare. London (children of Una Mildred Hoare); and Thomas Walton Reed, sheep-farmer; Nigel Vernon Reed, barrister; and Elfie Clare Temple Reed (Children of Eila Mabel Reed). The case was heard by Mr. Justice Smith.

The statement of facts set out that testatrix died in Wellington on January 11, 1913, having made her will bearing date July 19, 1911, and appointed Heathcote Beetham Williams and Kenneth Stuart Williams, sheepfarmers, Gisborne, as executors and trustees. K. S. Williams died on November 25, 1935, and H. B. Williams is the sole surviving trustee. On July 2, 1919, an order was made by Sir Robert Stout, then Chief Justice, interpreting the will. The questions Mr. Justice Smith was asked to determine were:—(l) Whether income arising from the share of Hilda Temple Williams since her death is payable to Mrs. Burge during her lifetime. or whether such share should be distributed in accordance with the trusts contained in clause 2 (b) (IV.) of the will. (2) If the answer to question (1) is that the income does not go to Mrs. Burge, but is controlled by clause 2 (b) (IV.) of the will, have Guy Coldham Williams, Algar Temple Williams, Eila Mabel Reed, and Una Mildred Hoare interests in the share of Hilda Temple Williams vested in interest and in possession? (3) If the answer to question (1) is that the income does go to Mrs. Burge, have Guy Codham Williams, Algar Temple Williams, Eila Mabel Reed, and Una Mildred Hoare vested interests in the share of Hilda Temple Williams, subject only to the life interest of Mrs. Burge, or are their interests contingent on their surviving Mrs. Burge? After hearing the submissions .of counsel, his Honour reserved judgment.