FARMER'S WILL.

Press, Volume LXVII, Issue 20214, 17 April 1931, Page 6

FARMER'S WILL.

INTERPRETATION BY JUDGE Judgment in au origiu-ating suoutions issued by the Public Trustee, asking for; an interpretation of the will of John Trott) who left! in bis estate a farm of 403 acres at Broadfleld, was given by his Honour, Mr' Justice Kenuedy, in the Supreme Court yesterday. : The testator left four sous, one of ivhoj», Alfred Henry Trott, born in 1876, died in 1920, leaving o widow and seven children. Tho other throe surviving sons were all over tho ago of twenty-one years before the death of the wido\v, who died on May Bth, 1030, without having romarried. • Upon these facts several questions arose concerning the interest of the four: sons, including the estate of the doceased son, in the farm at Broadfleld. In his judgment, His Honour stated that the testator gave real and personal estate to his trustees to convert and to pay the income to Ms wife during her widowhood, together with the rents and profits of the farm, which was excepted from the general trust for conversion. I? 11 ® testator later provided in his will as follows: "As to my farm at Broadfleld. I direct my trustees upon the death or second marriage of my wiffy to convey the farm to all my sons who shall attain the. age of twentyone years, as tenants in common, but subject during her life to the annuity/and, in the event of any son of mine dying without leaving a widow or issue, I direct that the' interest', of such son in my farm, if unsold, shall do* volvo upon his surviving brothers in equal shares. X direct that if any child of mine shall die in my lifetime leaving issue such issuo shall take his, her, or their parent's share under this my will in equal portions." "Whatever be the proper interpretation of the divesting clause or what* ever be its legal effect, it is clear," continued his Honour, "that tho estate of Alfred Henry Trott is now entitled to an absolutely vested interest in the capital of the farm at Broadfleld. The facts as they exist exclude, in his case, the application of the divesting clause," Referring to the submission that the interests of the three surviving sons were now absolutely vested* his Honour stated: "I think there is no escape from i the conclusion that the testator did purport, In the event of a son dying at any time, and leaving no widow or issue, to disposo of that son's interest in Broadfleld if it >was then unsold. Tho surviving sons have in terms acer-~ tainty of no more than a life interest. Tho sons could, however, convert their interest into an absolute interest by sale of the farjft." The costs of -all parties, taxed as between solicitor and client, would be paid out of the- residuary estate, pro r vided that, in view of the direction gives as to service, there should, in respect of the defendants other than tho first two defendants, be allowed one sot $f costs, as if all snob defendants bad been represented by one solieitor and had appeared by one counsel, and of such costs the defendants, George William Trott and James Bostwick Lincoln Trott, yrould be entitled to two-thirds and tho romaining defendants, to onethird.

Mr R. A, Cuthhort appeared for the Pablie Trustee, Mr 0. 8. Thomas for the estate of Alfred Henry Trott, Mr K, M. Gresson for George William Trott and James Bostwick Lincoln Trott, and Mr W. J. Sim for Walter Trott and tho mortgagees.