FARMER'S WILL.

Press, Volume LXVII, Issue 20198, 28 March 1931, Page 11

FARMER'S WILL.

INTERPRETATION SOUGHT, SUPREME COURT CASE. An originating summons asking for an .-interpretation of the will of John Miller, formerly of Pleasant Point, near Tjmaru, and for an order to make adequate provision from the estate for plaintiffs irf the action came before his Honour Mr Justice Kennedy at the Supreme Court yesterday. Plaintiffs were Alfred John Miller, of Hakataramea, »nd Reginald Miller, of Motukarara, farm labourers, the defendants being Francis Miller, of .Motukarara, David; Miller, of Pleasant i Point, and Henry Oed, of Sutherlands, farmer, executors of the will of John I Milter.' I Mr L. B. Freeman appeared for plaintiffs, and Mr W. H. Walton, of Timaru, for the defendant trustees. Mr F. W Johnston, with him Mr E. C. Champion, appeared in the interests of' Reta Baguley, a married daughter of the testator, and of Donakl Miller and Stella Miller, two infant childi - en of the testator. ; It was asked that an interpretation, of the will should pe given by answering the following questions:— Did John Miller die intestate as to any of the assets comprised in his estate at the date of his death? If no, as to what assets? What was the effect of the directions contained in the will reading as follows:. "I direct my executors to carry on my farm in the - interests of iriy family until .the youngest alive is 21 years of age, and I direct that my executors shall then sell the property, and that each of my children shall receive an equal share of the proceeds" (a) so tar as the • executors are concorned, and (b> so far as the beneficiaries (the children) are concerned ? I When does the share of each child (a) become vested, and (b) become payable? What are the rights of the children to the profits already made by the carrying on of the farm or otherwise earned by the executors on behalf of the estate ? Plaintiffs also asked for-an order granting an extension of time within which to make application for an order under the Family Protection Act making adequate provision for plaintiffs out of Ihe estate, for an order making such provision, and of an order that the cost of the action be paid out of the estate. These orders were asked for on the grounds that John Miller left a will without making adequate provision for the proper maintenance and Support of plaintiffs. Legal. argument was heard on the points raised. .. His Honour reserved his judgment.