WILL CASE.

Press, Volume LXVII, Issue 20328, 29 August 1931, Page 30

WILL CASE.

RESERVED JUDGMENT GIVEN. Reserved judgment was given by his Honour Mr Justice Adams in the Supreme Court yesterday in a case concerning the will of Duncan McAlister, late of Eketahuna, retired farmer, the parties being Albert Richard Elcock, the executor, v. Archibald Campbell and others. His Honour "was asked to determine who were the legatees entitled to participate in the distribution of the estate. By his will the testator gave the residue of his estate to such of the children of his two uncles, Donald Lamont and John Lamont, of Kiel#, Argyllshire, Scotland, as should be liv* lag at his death, in equal share*, with a proviso that if. any child should have predeceased hiijj, leaving issue surviving the. testator, and, if male, attain the age of 21, or, if female, attain that age and marry, such issue should take the. share which his or her parent Would have taken if he had survived. In answer to enquiries made, claims tverd received from Mary Ann Camp* bell, Archibald Campbell, Catherine McGregor, John Lament, and Janet Haslett.

It was admitted that the claim of Catherine McGregor was satisfactorily established.

"The answers to the questions are as follows," said his Honour:— "(1) The defendant C'&therihe McGregor i? a child of Donald Lamont, and the defendants Archibald Campbell, Mary Am 1 ) Campbell, John Lamont, ancl Dugald Lamont are grandchildren of Donald Lamont. The defendants, John Lamont, of North Shields, Janet Haslett aild Catherine Lamont, are children of John Lamont..

"(2) The claims of the defendants, Archibald Campbell, Mary Ann Campbell, John Lamont, of Jura, and Dugald Lamont fail, in each case.

"(3) The defendants John Lamont, of North Shields, and, Janet tlaslctt have substantially complied with the requirements of the'frill as to time, and afe entitled to share in the distribution of the residue. "(4) A claim by the defendant Cath* Wine Lament would now be too late, tt is the duty of the executor to distribute the residue Without further delay." Dr! A. L. Haslam appeared for the executor, Mr M. J. Gresson for John Lamont and Mrs Haslett, Mr R. C. Aber> nethy for A. Campbell and Mary A.nn Campbell, Mr K, G. Archor for Mrs McGregor, Mr G. G. Lockwood for John Lamont, of Jura, Scotland, and Dugald jUmOnt, and Mr L\ S. Bowie fOr-Mrs Elcock,