INTERPRETING A WILL

Press, Volume LXIX, Issue 21039, 15 December 1933, Page 18

INTERPRETING A WILL

SUPREME COURT DECISION A request for the interpretation of the will of Robert late of Fcrnihurst, sheep farmer, was heard in the Supreme Court by Mr Justice Ostler yesterday. The plaintiffs were Stanley Wynne Jameson and Clarence Cyril Holland, both of Christchurch, public accountants, the trustees of the will of Robert Tinline, and the defendants were Ellen Scott Pov. T , of Christchurch, widow, and George Thompson Muicock. of Christchurch, farmer, as trustees of the estate of Gavin Pow, deceased, Esther Easton Gunn, of Christchurch, widow, Agnes Bessie Mounsey, of Christchurch, widow, John Pow, of Parnassus, farmer, Alexander Pow, of Oxford, farmer, Helen "Pow, of Christchurch, spinster, Jean Pow, of Christchurch, spinster, Agnes Loeda Moffat, of Napier, married, Alexandrina Margaret McQueen, of Christchurch, married, Donald St. Clair Gunn, of Christchurch, calibrator officer, Marjoric Eileen Pethybridge, of Christchurch, married, John Roland Mounsey, .of Christchurch, company secretary, Margaret Tinline Murray, of Magill, South Australia, spinster, the Hon. Sir George John Robert Murray, K.C., M.G., of Magill, Sotith Australia, as administrator of the estate of Pulteney Malcolm Borthwick Murray, and the ExecutorsTrustee and Agency Company, of South Australia, the executor and trustee of {he will of Charlotte Marv Downer. Mr K. G. Archer appeared for plaintiffs, and Mr G. T. Weston appeared for the grandchildren of the testator; Mr A. S. Nicholls for the great-grand-children, and Mr J. H. .Upham for the residuary legatees. ; . Questions for Court. The court was asked to answer the following questions:— 1. (a) What interest under the will and codicil is taken by the estate of the late Gavin Pow, Esther Easton Gunn. and Agnes Bessie Mounsey respectively? (b) Are the trustees of Gavin Pow. Esther Easton Gunn, and Agnes Bessie Mounsey entitled to the capital of any of the sons referred to in the will and codicil? 2. (a) What interest under the .will and codicil is taken by the children of Gavin Pow. Esther Easton Gunn. and Agnes- Bessie Mounsey respectively? (b) Are the shares of the said children contingent upon the age of 21? After hearing counsel, his Honour answered as follows: 1. (a) A life estate in the income of £6OOO each. (b> No. 2. (a) Such children take the respective shares in the corpus of which the parents took a life interest. (b) By agreement of the parties this question was not answered, leave being reserved for the trustees to apply for further directions if necessary. Costs were allowed out of the estate.