SOUTER WILL CASE.

Auckland Star, Volume LII, Issue 158, 5 July 1921, Page 8

SOUTER WILL CASE.

COURTS ORDER VARIED.

(By Telegraph.—Press Association.)

WELLINGTON, Monday

The Appeal Court was occupied this afternoon in hearing an appeal from the decision of Mr. Justice Cooper in the case of J. W. f'outer and others versus A. L. Pouter. The case arose out of the interpretation of the will of Sarah Soneywood Souter, and came before Mr. iluistice Cooper in the Supreme Court by way of an originating sum—ions. His Honor held inter alia that under the terms of the will, the trustees should set aside for the respondent A. L. .Souter, from the estate of the testator, the sum of £ 1000 as a second charge on the estate. l-'rom the part of the judgment referred to the appellants appealed.

At the hearing this afternoon "MrCampbell, for the appellants, contended there was no provision in the will or codicil enabling the trustees to set aside for the respondent £1000 as a second chaTge on the estate.

Mr. Richmond, for the respondent, argued that from the internal construction of the will it was clear such a charge was intended.

At the conclusion of argument, the court gave judgment varying the order in the direction asked for by the appellants. The respondent was ordered to pay costs on the lowest scale as on a ease from a distance.