APPEAL CASE.

Ashburton Guardian, Volume 62, Issue 127, 11 March 1942, Page 6

APPEAL CASE.

QUESTIONS REGARDING WILL, ESTATE OF £BO,OOO INVOLVED. (P.A.) WELLINGTON, .March 10. The Court of Appeal is hearing the case of the Perpetual Trustees Estate and Agency Company of New Zealand, Ltd., and I'homas Kay Stuart Sidey, of Dunedin, a solicitor, the first defendant (now on active service overseas), and Lorna Murray Lewin, of Dunedin, a married woman, the second defendant. Mrs Lewin is representing herself and seven other residuary beneficiaries under the will of the late John Sidey, who died in 1915. leaving an estate valued at £BO,OOO after the payment of'two legacies of £IO,OOO each to the Otago University and the Dunedin Hospital Board. The case has been moved from the Supreme Court into the Court of Appeal. as a large sum and questions of difficulty and importance are involved. These questions arc whether upon the true construction of the residuary gift in the will, the trustees of the deceased should take the children of the said deceased as stocks for stirpital division among the surviving descendants of the deceased, and should divide the residue into three equal parts, one of which should go per stirpes to the issue of each of the three children who have left the issue, or whether, upon the true construct,oin of such gift, the trustees should take the grandchildren of the said deceased as stocks for such stirpital division and should divide the residue into nine equal parts, one of which should go to each of the eight surviving grandchildren and one to the only child of the deceased’s ninth grandchild. The hearing is proceeding.