Page image
Page image

25

8.—9

disposition of personal effects, jewellery, and household furnishings. The law deals with the problem of distribution broadly and generally, and frequently the ordinary will makes but scant, if any, provision for the proper handling of the situation. A parent may have promised to one member of his family a certain picture or a particular piece of silverware ; another may have promised his eldest son his gold watch ; a mother, her youngest daughter her diamond earrings ; and so on. Very likely when the will comes to be read it will be found that no specific disposition of such personal chattels has been made, and that they must pass into the residue of the estate, to be divided equally amongst all the children. In cases like this a great deal of pettiness can be displayed, and in its long experience the Office has seen numerous disagreeable and unhappy situations arising from the disposition of articles of a personal or sentimental nature. Disputes of this kind call for delicate and tactful handling, and involve a great deal of effort before they are satisfactorily settled and the administration of the estate can proceed smoothly. This is often a thankless and unpleasant task, for interested persons are prone to misconstrue the efforts of the personal representative, whether he be the Public Trustee or any other executor or administrator, and are likely to criticize him for adhering to the terms of the will or the law, and delivering the desired trinkets or other effects to those entitled by the testamentary directions of the testator or by the law governing the distribution of estates in the particular set of circumstances. lam glad to say that by patience and tact, and, where necessary, firmness, the efforts on the part of the departmental officers have on many occasions done much to mitigate the bitterness of an unpleasant family dispute and to bring about an amicable understanding regarding the subject-matter of the contention. War Medals and Decorations. 50. Whilst on the question of effects, it is worthy of note that in the administration of estates of returned soldiers war medals and decorations awarded to them in connection with their services have frequently to be dealt with. Section 3 of the Military Decorations and Distinctive Badges Act, 1918, provides that, save in pursuance of the written permission of the Minister of Defence or by way of testamentary disposition, it is not lawful to sell or dispose of any military decoration, or to purchase or accept any such decoration. When the Public Trustee is the personal representative of a deceased soldier, scrupulous care is exercised to see that the statutory provision is observed that any decorations pass into the hands of those entitled to hold them. Application is made for the written permission of the Minister of Defence in pursuance of the statute regarding disposal. If there is a will the decorations are given to the person who, in the opinion of the Minister, is named as being entitled to receive them or any articles which will include them, or named as being a general or residuary legatee of the estate. In the case of an intestacy the decorations are given to the next-of-kin in the specified order of relationship defined with regard to those who would naturally have the best claim. A number of applications for the directions of the Honourable the Minister have been made during the past year. Real Estate. 51. Since the earliest times land has been of vital importance to mankind, for it has always provided for the satisfaction of essential fundamental urgent human wants. As has been said: " All our food, clothing, and shelter come ultimately from the land. Man could exist after a fashion without capital . . . but, he cannot live without land." The progress of civilization and the expansion of industrial and other commercial activities have been responsible for the creation of many new forms of wealth, which have radically changed old ideas surrounding the property which it was desirable to possess and prudent to hold. Formerly the forms of wealth were comparatively few, and, obviously, land was the foremost among these. Though great changes have taken place, and there now exist many

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert