HOME-MADE WILL.

Auckland Star, Volume LXI, Issue 221, 18 September 1930, Page 8

HOME-MADE WILL.

COURT'S INTERPRETATION.

PART INTESTACY DECLARED.

MEANING OF "ALL MONEYS."

(By Telegraph.—Own Correspondent.) [

HAMILTON, 'tins day.

Reserved judgment- by his Honor Mr. Justice ' Herdmari >was delivered at Hamilton .to-day ..in the. case ih which Arthur! Edjvin Wilson> farm er, • Waingaro, the executor of the' Will of the late Thomas Harry' .."White,-- farmer, of Waiiigaro,sought-ah interpretation of deceased's will. '\/ :;'

fi-iln liis'will, which was of the ] 10 »» emado. variety, deceased' stated:: After paying for; *il ,i»y just debts, funeral and gravejard expenses,.I r devjse and bequeath to my wife, Esther Mary White the sum of £ 1000 casli, also life interest on the balance of my estate. To Kenneth■ Etherington, one Silver tankard in ihy possession; to my sister, G: Etherington, my mother's photo; Mrs. Kelly, father's photo; Arthur E. Wilson, my gold watch: Upon the death of my wife all moneys I bequeath to Dr. Barnardo's Hemes, London."- ,; When the testator died he was survived by his widow, but he left no children. He had three sisters living at his deathLily Eliza Kelly, Nellie Georgina Ether-' ington, and Queenie Alice Etherington. At his death testator had real estate .valued at £3500 and, effects, including cash and securities valued at £3576. The net balance of tlm estate amounted to about £0362.'. .', • '*~..

"All Moneys I Bequeath." The passage: in i the will which made the present application necessary was that in which . testator provided that "upon the death of my wife all moneys I bequeath to Dr. Bamardo's Homes, London." . . :

If, said his' Honor, the words "all moneys" meant cash, described in ono case as "fugitive coins of the realm," then testator had died Without disposing of a substantial part of his estate. As to part;,of liis estate including an. interest in - reality, there was .an. intestacy. This 'would" mean , that the widow" would be' entitled to two-thirds interest in that part'of the estate which was .not affected by the prdviskms of the will. Although, stated, his Honor, ttstator, when, he nlade' Ms Will,. Was inops concili, his Ilpnor must still-pre-sume that,he knew what he was doing When he executed at and that accordingly he was a,\vai;e that, if the words "all moneys"; were ilot sufficient to dis-r pose of all that' part of Jris 'estate which did. not.consist of nlpneys> he;liad.n6t made an exhaustive, disposition of all his property and that Jiis widow Would su&jeecCup.on.liis.deathrto.that.part tha!t he had omitted.to.deal with. ...'■;]

The will,, added:Jiis. Honor, .was ob,viously the-work of an.amateuf and the difficulty in construing it arose because expressions bad been used the true meaning-and legal effect-of which were unknown'to the testator. / ■' -

What Testator Intended. "If," said his Honor, "I interpret the phrase 'all moneys' strictly, an intestacy as to a large part of the estate will result, and a restricted interpretation would result in Dr. Barnardo's Homes receiving nothing, because the debts, death duties and the pecuniary legacy would 'more than exhaust all the available money..' This result the testator ] couijLnot have;', contemplated or in-' tended'.'.' •..' .".. ■ " .' ''.".•' ' :■■ : ■■' ''

, • His Honor held that the bequest to Dr. Barnardo's Homes of; "all moneys" did not, include the whole of the estate of deceased, but thajT they included, the following'list?*pf .assets:— Cash at bank, £43 15/; fixed .deposit, .£411.517/7; cash in house, £4; instrument 'by way of security, £50 12/4]".Tfew Plymouth Har-bour-Board debenturesj £202 13/6; Ne\v Zealand : inscribed stbek, £303 12/4; Waitomo Power Board debentures, £203 1/2 Hospital Board- debentures, £105 12/1; ...Dairy Co. shares, £4 6/4; Farmers , Auctioneering Co.'s shares, £346 12/6;' sale of butterfat, £8 14/11; sale of wool, £158 13/11. As to the remaining part of the estate, excepting, of course, the specific legacies, his Honor declared that there was, subject to the widow's life interest an intestacy. .-■.. '■ . His Honor ordered that' the ; costs be paid out of.- the estate. ■ • ■ . ;' ;