BEQUEST TO SCOTTISH CHURCH.

Auckland Star, Volume XLIV, Issue 106, 5 May 1913, Page 7

BEQUEST TO SCOTTISH CHURCH.

! . j AUCKLAND ESTATE. ■ INTERPRETATION OF THE WILL. i APPEAL COURT DECISION 1 I (By Telegraph.-Press Association.) | WELLINGTON, this day. j The Court of Appeal to-day delivered reserved judgment in respect of the will of the late William -Adams, of Auckland, lne parties were: Jane Potter and Mary Fulton, trustees and executrices under j : the will, plaintiffs, and Alfred Adams' ' and -Tames Adams, sons of the laf*- Wil- I ' liam Adams, defendants. , The Court held that the trust as to the testators' real estate in favour of the Deacons' Court of the Established High Court of Paisley, Scotland, was valid and binding, also that the Deacons' Court was entitled to a share of the income to which .Jessie Prime, deceased daughter of ■ the testator, was entitled under the will as it arose. Costs of all parties were allowed on the higher scale and as from | a distance, to lie paid by the trustees, to all parties out of the corpus of estate. William Adams' estate was valued at about £00,000. The personalty, valued at ahout £f.0,000. was bequeathed, subject to certain leencies, to the trustees and Deacons" Court of the Established High Church of Paisley, Scotland, to be de- ■ voted to the clothing and maintenance of orphan children of merolxrs of the Church. By the will the realty was left . in trust to pay the expeses of maintain- ' ing the property, after which the trustees J were to apply the income in four paTts \ among the four children of the testator 2 (William Adams). In case of the death j of any child, leaving issue, then the children of that child were to receive that child's share until the youngest of i them (testator's grandchildren) bad reached the age of 21 years. The corpus on the death of the survivor of testator's children was to go to the Paisley Church. By a codicil it was provided that the share of any child dying and leaving issue should be paid to the grandchildren (of testator) for life instead of until the attainment of the majority. William Adams had four children— Alfred Adams. James Adams. Jessie Prime, and Jane Potter. One of these, Jessie Prime, died without issue, and her death led to the raising of the following questions: — Is the trust as to the testator's real estate in favour of the Paisley Church valid or binding, nnd is it void as infringing the rule apninst perpetuities? If the trust is valid and binding, then (Jessie Prime having died without issue) are the trustees forced, or entitled, to pay the Paisley Church the share of income to which during her lifetime Jessie Prime was entitled, or must any payment be postponed, and, if so, until what time? If the said trust is void, then what persons are entitled, and in what share, to the income payable during her lifetime to Jessie Prime?