CLAUSE IN WILL

Auckland Star, Volume LXXIV, Issue 225, 22 September 1943, Page 4

CLAUSE IN WILL

INTERPRETATION SOUGHT

Evidence was continued before Mr. Justice Callan to-day with a view to interpretation of a clause in the will Of Mrs. Mary Elizabeth Winstone in 1937, directing that a liability, "now about £3600," owed by Mr. Harold Winstone to Winstone, Ltd., be discharged by her estate. The plaintiff, Harold Winstone (Mr. Haddow) contended that the whole sum, including interest, was to be discharged by the estate of his mother. The trustees, Messrs. E. G. Hewin and F. G. Baskett, were represented by Mr. Henry, Winstone, Ltd., by Mr. Hamer, and family beneficiaries under the will by Mr. W. W. King and Mr. Garland.

| The evidence of F. G. Baskett indicated that the amount actually owed by Harold Winstone at the time of assignment of his business in July, 1923, was £5171, although stated by an obvious error in the deed at £1612. Witness, in crossexamination, said the amount stated in the will would be substantially correct at the date of Mrs. Winstone's death in 1937 if interest was added and allowance made for £1000 written off.

On behalf of Roy H. Winstone evidence was given by H. F. O. Twigden, public accountant, that on the basis of a capital debt of £1612 in 1921, with subsequent preferential advances on which interest was not paid, the amount owing to the firm at the time of Mrs. Winstone's death would be £2671. Prior to hearing addresses by counsel, his Honor said he thought it would be dangerous and improper for him to make a pronouncement as to the exact amount of the debt. His course would be to lay down principles, and to leave accountants work out the amount of the debt accordingly. Judgment was reserved.