AN UNINTELLIGIBLE WILL

Auckland Star, Volume XLV, Issue 264, 5 November 1914, Page 2

AN UNINTELLIGIBLE WILL

aiE. JUSTICE COOPER DECIDES. A lengthy judgment -was given by Air Justice Cooper this morning'relative to tie interpretation of the wilj of William Burns Souter, late of Cambridge, merchant. The .matter was brought before the Court by originating summons, Mr Anderson appealing for the executors of the will, Mr .T. R. Reed, X.CV and Mr W. E. Moore for Arthur Longford Sonter, Mr McVeagh for Violet Winifred and Kate Ethelwvn Soutcr, and the Hon. J. A. Tole, X.CL,"for the Public Trustee, representing the infant children of Arthur Longford Souter. The questions upon which tho decision of the Court was asked were: (1) What shore (if any) of tho estate was Arthur Lang-ford Souter entitled to. and under what conditions? (2) Did the children of" Arthur. Langford Souter 'take "any, and Sao what interest tinder the will? (3) Did the-widow of Arthur Langford Sbuter take any interest under the will? (4) Did Violet Winifred Souter and Kate Ethelwyn Souter' take an absolute or a like or any other interest in tho respective shares taken by.them under the will? : -With regard to question 3, his Honor observed that, since. Arthur Langford Soutcr and his wife were., both alive, he assumedthat the question really meant, Will the widow, if he should leave a widow, take any interest under the will ? "The wilt," said his Honor, "is a badly drawn and ill-considered instrument. It is divided into four clauses. There is scarcely a clause in it which can be said to l>e clearly intelligible, with the exception of the introductory part and clause 1. The introductory part contains' the appointment of the testator's wife and two of -his eons a≤ and executors ... to etand possessed of trustmoneys and investments, in trust, 'to par (clause 1) the income thereof to my •wife during her lifts."' The testator died on 24th August, ISW. and the trustees <ssirica on his fcnsinese up to the death of his wife.on ISth October, 1913. The estate was -then valued at £0,351. .. . After quoting %c remaining clauses of the . will "which contain the testator's ■washes after the death of 'his wife, the Judge Temarkod: "From this medley of ungrammatieal language and inconeistent clauses I have-to ascertain, if possible, what the testator meant. Certainly tie draftsman has done his best to render the provisions of the will uuintellipible." Having'Teduced some semWame or order out of cbaoa Ks Honor ordered that the «>ste of all parties were to 'be paid out Of the estate- ;