LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXVI, Issue 198, 22 August 1935, Page 27

LEGAL INQUIRY COLUMN.

(By BAR RISTERAT-LAW.) [betters of Inquiry -will be answered every week in this column. As far as possible they will be dealt with in the order in which they arc received, and replies will be inserted with the least possible delay.]

XIKS. P.—You appear to be eligible for the old-age pension. It is certainly well worth while applying. PUZZLED. — You should have received more— at least £87. Are you sure that the amount to bo sent was definitely £o5 V CURIOUS.—Your son may repudiate the contract if it was not for his benefit. On repudiation he is entitled to a refund of his money. In my opinion the contract was for his benefit," and is • one which in later years he will appreciate. I think that you yould have thu greatest difficulty in proving that it was not u beneficial contract. I would not advise you to press the point by suing. ANXIOUS.—The amount you would receive is not fixed, but is within the discretion of the Unemployment Board. The amount is likely to be in the vicinity of 27/ it' you secure relief. KlWl.—Unless there were good grounds for instant dismissal yon were entitled to one week's notice or a week's wages in lieu of notice. Your employer rightly deducted your wages tax. INTERESTED—It is not essential to the validity of n will that it be drawn up by a lawyer. If, however, your knowledge of wills Is so limited that you have to ask this question it is risky to attempt to make the will yourself, for there is plenty of room for making mistakes, as you will sec if you read the answer to " Will " below. CHIPS.— The pensions you are receiving are correct. The mortgage and shares together reduce your pensions to £42 10/ per year. The income from other sources does not affect your pensions, as the amount of the income is too small. CIVIL, —The note should be delivered up to you on payment in full. You may sue for possession, but the remedy is hardly worth while, especially if you hold receipts covering the full amount paid. AXXOYED.—Your plan doee not show the fall of the land, so that I cannot determine which way the water would run it' there were no drains at all. You must submit to receiving water which would in the original state of the land have flowed through your property In any case, but you are not bound to accept it concentrated at one point by artificial means, though it is often convenient to do so.

WILL.—The clause In the will is certainly ambiguoue, and the trustee cannot safely interpret it according to the way you.read it. There are other people who are Interested in the way in whieii the clause is interpreted, and, as some are minors, they are unable to give their consent to the trustee adopting your view. It is thus quite right and proper for the trustee to submit the clause to the Court to decide what it moans, after hearing argument on behalf of nil concerned. It is not thu fault of the trustee that expense is involved. The expense could be saved if you were to consent to the trustee acting on the interpretation which benefits the minors most, and I do not suppo+ie this would suit you.

MORTGAGE. —You mny exercise the' power of sale. Thorc is no need for you to buy in the property first.

TEN AM.—I think the proper view is that the tenant for life must pay the rates. Ihe obligation to pay all outgoings seems specific enough. The other reference to the trustees paying rates applies to the other land. There seems %o doubt about it to me.