MUTUAL CONSENT

Auckland Star, Volume LXIX, Issue 139, 15 June 1938, Page 10

MUTUAL CONSENT

WILL ALTERATION. LATE SIR A. P. W. THOMAS. FAMILY PROTECTION ACTION. By the mutual consent of the beneficiaries, his Honor Mr. Justice Callan in the Supreme Court to-day agreed to make an order altering the will of the late Sir Algernon Phillip Withiel Thomas, in terms of a draft submitted to him, and agreed to by the respective counsel for the beneficiaries. Mr. A. K. North appeared, for Mi". Acland Thomas, eldest son of deceased. Dr. McElroy for Wynfreda Mary Thomas, the daughter. Mr. X. R. W. T honias on behalf of himself an executor, and ateo for the trustees, Mr. Stanton for Mr. A. E. W. Thomas, a son, and Mr. Ryan for the widow.

Mr. North said the action was brought inder the provisions of the Family Protection Act. The testator, he said, had been most prominent in public life, but when he died it ««« found that he had not given as much attention i to his private affairs as perhaps they deserved. The will was a pre-war will, made when at least one of the children was a minor. There was just cause for stating that the testator had not met the neetis of his within the meaning of the Act. It was a clear case, his Honor said, of a gentleman making a will entirely just under the i-ircunistances existing | then, and then overlooking it. He agreed to make the order.