BEQUESTS TO CHURCH.

Auckland Star, Volume LXI, Issue 56, 7 March 1930, Page 7

BEQUESTS TO CHURCH.

DIRECTION OF COURT.

AUCKLAND LAWYER'S WILL.

FUND FOR DIOCESAN PURPOSES.

,An application heard at the Supreme Court in December for the interpretation of clauses in the will of the late Hon. James Peter Campbell, barrister and solicitor, of Auckland, is the subject of a preliminary judgment issued by Mr. Justice Smith. The standing committee of the Diocese of Auckland (Mr. West) claimed two legacies, one of £1000 bequeathed "to the general sustentation found of the Anglican Church of New Zealand," and £500 left "to the home mission fund' of the church of the Province of New Zealand (Anglican)," , another claimant to the former fund being St. Mark's (Remuera) Parish Trust Board (Mr. Cocker). The judge found that there was no fund answering "the description.of the first-mentioned and that the gift clearly was meant for the sustentation of the Anglican Church of New Zealand and would have to be applied cy pres. The same reasoning had to be given the second legacy, which also revealed a charitable intention. Therefore this gift did not lapse and would similarly be applied. Preliminary Judgment. His Honor was not prepared to say that the trust established was sufficient to exclude the right of the Crown to dispose of the gifts. The drawing up of any order pursuant to this judgment to give the Attorney-General the right'to; consider the right to intervene- in the proceedings. If he did not intervene, and no consent order was made, an order for inquiry to settle a Behemc would have to be made for the apportionment of funda as nearly as possible to accord with the testator's wishes. There was not sufficient information to make a statement on the point, but his Honor said the funds appeared to be diocesan and not parish funds and the claim of St. Mark's Hoard appeared to be excluded. The Auckland diocesan fund and the home mission fund of the diocese of Auckland, were novy incorporated in the central 'fund for church extension and home mission work of Auckland diocese, and that fund seemed clearly to participate. Although other dioceses did not directly claim, they had to have notice of the will interpretation by the Court. If all the dioceses agreed upon a scheme of allocations, with the approval of the Attorney-General, an order could be made without further inquiry. : Failing.. that the. AttorneyGeneral would have the right to attend. Mr. Haigh appeared for the trustees of the estate and Mr. A. 11. Johnstone for Archbishop Averill on behalf of the Church of the Province of New Zealand.