WILL PROVISIONS.

Auckland Star, Volume LXIX, Issue 98, 28 April 1938, Page 8

WILL PROVISIONS.

: ■ INTERPRETATION SOUGHT. QUESTION OF INTESTACY. The interpretation of the will of Mrs.' Maria Ballin, .who died in 1917 leaving. '- an estate probated at under £3000, Vjratf ' tlie subject of a motion before Mr. j/tuf-' 1 tice Fair at the Supreme Court to-day. 1 Mr. A. H. Johnstone, K.C., with him 1 Mr. R. J. Graham, appeared for the 1 plaintiff, the Guardian Trust, Limited, ' as executors of the estate of the late ' F. S. Ballin, and Mr. Grey for the New . Zealand Insurance Company as exeeu- ' tors under the will of Mrs. Maria Ballin | 1 as defendant, and Mr. Barrowclough for the defendants, Una Sadie Russell and ' Rene Ball. | ' Mr. Johnstone stated that Mrs. Maria Ballin's will left the income from her • estate to her daughter Reka (Rebecca) ' Ballin while she remained unmarried. • There was. a provision that in the event ' of Reka's marriage the estate l be divided ', among her and her surviving '- and another provision that in the event. t of there being only one survivor of the five children mentioned the whole of the estate then remaining should go to the i survivor. The testatrix (Mrs. Maria > Ballin) had two other daughters, Mrs. Sara A. Russell, who had one child, and 1 Mrs. Florence Smith, who also had one 1 child. Both these children were parties i to the action, being represented by Mr. Barrowclough. i Counsel argued the point at issue between the parties, in which the defen--1 dants held that under the provisions of i Mrs. Maria Ballin's will the fact of Miss r Ballin dying a spinster created an intes- > tacy, and an interest of the two other sisters in the balance of the estate. b Argument in the case is proceeding.