FATHER'S WILL.

Auckland Star, Volume LXI, Issue 59, 11 March 1930, Page 9

FATHER'S WILL.

APPLICATION BY SONS. CHARITABLE BEQUEST MADE. An application under the Family Protection Act was heard in • the Supreme Court yesterday before Mr. Justice Ostler, wherein Harry Stevens was plaintiff, and Ralph Edgar Taylor, (trustee of the will of George Stevens, deceased), Catherine Stevens, Elizabeth Lennan, William Stevens, Joseph Stevens (children of the deceased), Bridget Mary Franton, and the Roman Catholic Bishop of Auckland were the defendants. i. / .J Mr. J. J. Sullivan, who appeared for Harry Stevens, stated that his client was; a son of George Stevens, deceased,'who died at Te Papapa oh June 26 last, leaving a will dated June 12 on estate valued at° £2543. Under the terms of his will, he left the use of the house and furniture to his wife, and the income from the estate, and after her death he left a house and furniture in Grotto Street, Onehunga, to his daughter Elizabeth Lennan. Out of the residue of the property he left £100 to his son William Stevens, £100 to his son Joseph Stevens and £50 to Bridget Mary Franton, and all the rest residue and estate to tlio Roman Catholic Bishop of Auckland for St. Mary's Roman Catholic Orphanages. Mr. Sullivan said that the plaintiif was one of five children. Four were accounted for in the proceedings, ami the fifth, George Stevens, resided in Newcastle, in New South Wales. The plaintiff helped the deceased to build up his estate from the age of 14 until he war. 2G to the extent of £432, the deceased promising him to make provision late in his will. The plaintiff was married and had four children. The eldest wa" 10 years old. He was a seaman, and the little property he possessed was subjee. to a large mortgage. His health wa--not ■rood. . e Mr. Allan J/Moodv appeared on behalt of' Joseph Stevens, who was left £100, requesting an increased amount be given to him. He mentioned that while no doubt leaving the rest of the estate as it was left was a laudable one. on the part of the testator, he thought that.th* testator should consider his own children first. . ■ . Mr. Robert McVeagh, who appeared or behalf of the Roman Catholic Bishop of Auckland, stated that his instructions were to have justice done. Mr. Taylor, as trustee, placed before the Court certain facts regarding the deceased, in that he made several wills for the deceased from time, to time. Mr. Sullivan said that Sir Robert Stout had held that the plaintiff having helped to build up the estate was a factor that should be taken into consideraHis Honor considered that it would be well to have an affidavit from William Stevens and an affidavit from George Stevens before coming to a decision in this matter. He suggested that such an affidavit should be procured to give an opportunity to ,I'r. McVeagh, if lie thought proper to reply to same. When these affidavits are filed tiic matter will be decided, and the determination of the case was adjourfted un/I April 7.