DISPOSAL OF £29,000

Press, Volume LXXI, Issue 21512, 29 June 1935, Page 19

DISPOSAL OF £29,000

COt'UT OF APPKAL APPKOVKS ACiKKKMKNT ::,s .iSss'SATioi itixorM-.'i 'WELLINGTON, June 28. The Court oi Appeal was asked today to approve of a settlement arrived at between the parties to an action which was to have been heard by it at I lie last sessions. The action arose out of Ihe will of Allen Maguire, a contractor, of Wellington, and was between the Public Trustee, as the administrator of the will, and Leonard Stuart Wihrior McKcuzie and Peggy Ann Maguire. Tne question tri the issue involved the destination of £29,000 and turned on the meaning of the word "survive as used in the will in relation to Peggy Ann Maguire. who was a granddaughter of the testator, bom;; born after her father's death. On one construction she would get the whole of the i'unci. on tho other McKcnzic would get it as the legatee of his late wife, who was a daughter of the testator. t The compromise arrived at was thai, the lund should be divided ipfo two portions, and that Peggy Maguire should get two-thirds of the fund and McKenzie .should get one-lliird, subject to the setting aside of £SOOO out of Peggy Maguire':; interest, of which the income for lift should go to her mother. The Court of Appeal approved of the settlement. It was necessary to obtain the court's approval, Peggy Maguire being a minor.