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(2.) A testator by his will bequeathed, inter alia, two annuities, and directed the residue of the income to be accumulated until the death of the last annuitant, when the residuary trust funds were to go to a certain educational institution. The will directed that the trustee should pay testator's debts and testamentary and funeral expenses and duties out of the income, so far as he possibly could. By a codicil made in England the testator revoked one of the annuities and bequeathed in lieu thereof nine-tenths of the income of his estate to the former annuitant for her life. No other consequential alterations were made. It accordingly became necessary to ascertain how far the income was to be impounded to pay the testator's funeral and testamentary expenses and debts and duties in accordance with the directions pertaining thereto contained in the will. It was held that the aforesaid payments should be made in the usual way out of capital, as in the ordinary case, and that the annuities were not affected by the specific direction for payment of such funeral and testamentary expenses and duties out of income.—Re Roper: The Public Trustee v. Canterbury College (1924 G.L.R. 209). (3.) A testator died leaving a widow and ten children. The estate, which was worth about £4,000, was given to two sons. One of the sons predeceased testator, there being a partial intestacy. Application was made under the Family Protection Act for further provision out of the estate for the testator's widow and one of his daughters. It was held that notwithstanding the partial intestacy the Court had jurisdiction to make an order for further maintenance affecting the whole of the estate, and such order was accordinglv made. —The Public Trustee v. Willis (1924 G.L.R. 238). (4.) A testator gave to various members of his family options to purchase certain shares at fixed prices. One of the children to whom such option had been given predeceased the testator. It was held that the option, which was a valuable one, was exercisable by A's executor. —Pearce v. Pearce (1924 G.L.R. 306). (5.) Where a person dies insolvent, and his estate, which includes insurancemoneys, is administered under Part IV of the Administration Act, the funeral and testamentary expenses are to be apportioned between the general estate and the protected policy-moneys so that each part of the estate bears exclusively those expenses which exclusively relate to it, and those expenses which are common to the whole estate are to be divided between the two parts in proportion to their respective values. — Maitland v. The Public Trustee (1924 G.L.R. 317). (6.) A testator, after making certain pecuniary bequests, gave and bequeathed his residuary estate to his children equally. The will contained a provision that if any child disputed the will the share of such child should lapse and fall into the residuary estate. Upon testator's death three of the residuary legatees took unsuccessful proceedings to oppose the grant of probate of the will. Held, that upon the whole wording of the will the shares of the children who took proceedings to contest the will were not forfeited. —In re Patterson (1924 G.L.R. 421). (7.) A testator bequeathed certain lands in trust for his son for life so long as he should not become a Roman Catholic, and on the son's death or on his becoming a Roman Catholic, then for his eldest son, with further limitations over. The residuary estate was bequeathed in trust for the son on his attaining the age of twenty-one years and not being a Roman Catholic, with a gift over in favour of the son's children. The testator's only son was three years old at the date of the will, and eleven years when his father died. After the execution of the will the son was, with testator's knowledge and approval, educated in the Roman Catholic faith, and confirmed a year before testator's death. Testator himself became a Roman Catholic shortly before his death. On an originating summons to determine the meaning and effect of the will, in which, as all parties were represented, the Public Trustee took no part, but submitted to judgment, held, that upon the terms of the will the condition of being a Roman Catholic was void in law, and that the son's interest was not fettered or restrained by such condition.— Gower v. The Public Trustee (1924 G.L.R. 426).

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