S.P.C.A. BEQUESTS.

Auckland Star, Volume LXIV, Issue 233, 3 October 1933, Page 8

S.P.C.A. BEQUESTS.

PROBLEM FOR COURT.

NON-EXISTENT SOCIETY.

AUCKLAND WOMAN'S WILL.

The leaving of the sum of £4000 by Miss Archibclla Joan Wilson, of Heme Bay, the income of such sum to be paid in perpetuity to the "Society for the Prevention of Cruelty to Animals (New Zealand) to be applied by such society to its general purposes in the province of Auckland," led to an application today to Mr. Justice Herdman for interpretation. The action was brought on an originating summons by the Guardian Trust and Executors Company, of New Zealand (Mr. Terry) as trustees of the estate. The Society for the Prevention of Cruelty to Animals, Auckland (incorporated), represented by Mr. Leary, the Animal Welfare Association, Auckland (incorporated) by Mr. Mason, the Waikato Society for the Prevention of Crucify to Animals by Mr. Seymour, and the Whangarei Society by Mr. Flynn. Provisions of Will. Miss Wilson died in October of last year and by her will set aside £4000 to be invested. The income was to be paid to the Society for the Prevention of Cruelty to Animals (New Zealand), and in the event of that society ceasing to exist, the will provided the income was to be paid to such other society or institution in New Zealand as should have similar charitable objects. If no such society was in existence the trustees were empowered to distribute the money as they deemed advisable,, for the prevention of cruelty to animals in the Auckland Province. The application for interpretation came before the Court because there is no society named "The Society for the Prevention of Cruelty to Animals (New Zealand)."

His Honor: There is no New Zealand Society. Won't the whole thing lapse?

Mr. Terry: That is a point. The question is whether the Auckland Society should get the whole of the benefits-or whether there should be a division between other societies. The trustees take no particular part in the matter before the Court. They merely wish to assist the Court, and await the Court's decision. "Lineal Descendant." Mr. Leary said that while it was admitted that no society of the nameset out in the will existed at present, such a society, of which the Auckland Society for the Prevention of Cruelty to Animals (Incorporated) .was the lineal descendant, did exist at one time. Counsel submitted that the Court had to decide the identity of the object of the will, and he contended the identity was the society here represented. In 1890 a New Zealand Society for the Protection of Women and Children and Prevention of Cruelty to Animals was formed, and it functioned until 1920. It was primarily an Auckland province institution, but not wholly, and the registered oflice was in Auckland. Then it was decided to split up the activities two societies were, formed, the Society for the Prevention of Cruelty to Animals (Incorporated), and the; Society for the Protection of Women and Children. Counsel said thfc testatrix, after making her will, had made a donation to the society in Auckland, and lie submitted that it was clearly her intention that the income from tlie investment of the £4000 should be devoted to a particular society, that society being the Auckland one.

Mr. Seymour contended that the will of the testatrix meant exactly what it said.

His Honor: It is very evident that the testatrix had a particular institution in her mind, because she directs what shall be done with the money if such institution as she names, ceascs to exist. Mr. Seymour submitted that the intention of the testatrix was that the bequest was to go to a New Zealand body to be applied in the Auckland Province. The Waikato Society was an independent society, and lie submitted that the intention of the testatrix was that all the societies in the Auckland Province should participate and not the Auckland Society only.

In order to give Mr. Seymour the opportunity to meet affidavits put in by Mr. Lcary, the further healing was adjourned to a date to be fixed.