FARMER'S WILL.

Press, Volume LXII, Issue 18636, 10 March 1926, Page 6

FARMER'S WILL.

RIGHTS OF PARTIES. INTERPRETATION SOUGHT. , 8. In the Supreme Court yesterday, his Honour Mr Justice Sim was asked toi interpret provisions in a deed, of settlement, will, and codicils made by Alfred Edward Peache, sheepfarmer, v Mount Somers, who died on February 26th, 1906, leaving a widow and family. The plaintiffs asked tor an order interpreting the settlement, which is in favour of the widow,, the will, and codicils, and defining the rights of the parties. The following specific questions were submitted to the Court for determination': —(1) Whether the;; purported exercise by Alfred E. Peache by his will, of the power of appointment vested''in him by the deed of settlement was a I'alid exercise of such power, arid could be given due effect to at law or in eouity. (2) Whether the defendant, Robert Seiners' Peache, was, having regard to the terms of. the second codicil, entitled to be 'paid', the sum,of £SOOO mentioned in the codicil within the meaning of the •■- terms of .the codicil . (3) . Whether, the administrators of the ...-.estate of- the late # Edward John Courthope Peache were entitled to the sum of £SOOO. (4) Whether, in the event of the administrators in the estate of Edward J. C. Peache being entitled to the sum of £SOOO, they were entitled to be paid interest on it, and if so, from what datej and at, what.rate. (5) Whether, in the event of-the defendant, Robert Somers Peache, being.held to be entitled to be paid the sum of £SOOO, he was. entitled to. interest on it, and, if so,.from what date and at what rate. The plaintiffs were Thomas de Renzy Hnrman, of Ghristchurch, solicitor, and John William K. Laurance, of Christchurch, accountant, trustees'of the deed of settlement. Ida P Peache. Mount Somers, widow, Kenelm-Neave, Christchurch, solicitor, trustees of the will of Alfred Edward Peache. Tbe defendants were Zoe Frances Courage, wife of Hubert Courage, Seadown. Amberlcv, sheepfarmer. five of her children, Ida Constnnce Nedwill. wife ofDr. C. L. .Vedwil), •Cbristohnroh, her son, Florence Mnuie A. Kilian, wife of Andrew R C. Kih'nn, Lyttelton, two of .her children. Helen Raehael Harper, wife of Henry J, C. Harper. • sheenfnrmer, Wnibao Downs, three of her children, and Robert Somers Peache. Mount Somers. sh»epfarmei\ Mr D. V ;,Wnnklvn aprienred for all the plaintiffs and trustees for the settlement, and the will. Mr W. J. Sim for all the children under the settlement w"U. event, Robert Somers Penohe. Mr R. A. Ont.bVvt • for Robert Somers Peache. and Mr R W. Livinsrstonn for all the grand-children concervvl. U * .■*fter le<zal argument had been heard, judgment was reserved.