WILL INTERPRETATION.

Auckland Star, Volume LXX, Issue 302, 22 December 1939, Page 6

WILL INTERPRETATION.

DIVISION OF ESTATE.

Judgment "by Mr. Justice Ostler in an action to interpret the will of the late Mr. James Mcßea Brigham for the purpose of winding up the estate was delivered in the Supreme Court to-day. Mr. Brigham died in 1910, and certain arrangements were made in terms of hie will for the payment of an annuity to his widow from the proceeds of the estate. Mrs. Brigham died in 1936. and her executors, Mrs. Cook and Alfred Xowell, claimed that £1027 short-paid to her on the annuity during her lifetime should be paid to her estate befor? division of the residue of Mr. Brigham's estate among his four eurviving beneficiaries. Three of the latter beneficiaries claimed that the full proceeds of Mr. Brighani's estate, without deduction <>t the £1027, should be divided anions tlia four beneficiaries. °

His Honor decided that the trustee before distributing the estate in accordance with the will of James Mcßea Brigham, must pay to the executor* of his widow the total amount of her annuity which was short-paid.