CLAIMS SURRENDERED.

Auckland Star, Volume LX, Issue 138, 13 June 1929, Page 7

CLAIMS SURRENDERED.

CHURCH AUTHORITIES' ACTION

COMPLIMENTED BY JUDGE.

CODICIL OF A WILL,

Litigation proceedings in the Supreme Court this morning before Mr. Justice Blair were simplified by the attitude of a church at Newmarket in surrendering all claims to benefit under a will. The plaintiffs in the case were Thomas Kussell Cameron, of Auckland, clergyman, Basil Claxton Hercus, of Auckland, indent agent, and Alfred Edward Johnson, accountant, as executors of the will of Maria Louisa Peterson, widow, of Auckland, deceased (Mr. Prendergast). Defendants were John Banbury, of Auckland, retired traveller, sued as representing and on behalf of all persons belonging to the body known as the Newmarket Church (Mr. Munro and Mr. Kells Mason) and Eline Marie Page, of Auckland, widow (Mr. Terry).

Alfred Edward Johnson, accountant, deposed that he had received instructions from the deceased to prepare a codicil making certain alterations in her will., The codicil was signed in the presence of witnesses on September 29. A few days later the witness was informed by a friend who was a law clerk that the document was not in order, and would cause legal trouble. He advised Mrs. Peterson to that' effect, recommended her to consult her solicitor, and in the meantime to destroy the document. It was expected she would recover from her illness, but her death occurred on October 25 last.

After hearing further evidence, his Honor said the question was whether the testator, in destroying the document, intended to revoke the codicil, or whether her hope was that a properly-drawn-up document would be prepared. It seemed clear there was no intention of revoking the codicil as to its legal effect, but to have a new one prepared.

Mr. Munro said he did not wish to enforce the claims of the Church.

The effect of the codicil was to benefit Mrs. Page by £500. and his Honor said the Church authorities showed a highly creditable attitude in not disputing the rival claim of Mrs. Page. It was a proper Christian spirit.

-An order was made pronouncing in favour' of the will and codicil and giving a direction that the probate be drafted between the parties and submitted to him for determination in chambers.