INTERPRETATION OF WILL

Press, Volume LXXII, Issue 21967, 16 December 1936, Page 9

INTERPRETATION OF WILL

MEANING OF WORD "MONEY"

SUPREME COURT CASE

An interpretation of the meaning of the word "money" as used in a will was sought in the Supreme Court yesterday when long legal argument was heard by Mr Justice Northcroft on an originating summons. The plaintiffs were William George Cains ahd Wilfred Barnes, both of Styx, and the defendants were William George Cains, of Styx, farmer. Lacy Raymond Newland, of Christchurch, farmer, Edmund Newland, of Utiku, farmer, Ada Fannie Minnie Burrows, of Christchurch, and George Cains, of Christchurch, labourer. Mr A. S. Geddes appeared for the plaintiffs, the trustees under the wril, Mr G. G. Lockwood for the defendant, William George Cains, and Mr E.A. Lee for the remaining defendants. The originating summons asked for the ruling of the court on the following points:— A ~, . (1) Whether the interest of the testatrix, Minnie Ellen Cains, of Christchurch in the estate of William George Cains, deceased, is included in the bequest of '-money I have in the Government Savings Bank or else(2) if such question is answered in the negative, whether such interest is disposed of by the gift of residue to her husband absolutely. . .... (3) How the costs of and incidental to the originating summons should be b Mr 6 ' Geddes .explained that there were two marriages. The testatrix married Edmund Newland in 18851 and subsequent to a divorce in }WA married William George Cains. There were six children of the two marriages The trustees desired the interpretation of the court in administering the estate. Mr Lee submitted that the term "money" in the will had a wider meaning than its usual primary meaning. He quoted authorities in suppor: of the admissibility of evidence to show that the testatrix had always referred to the interest in the North Island estate as "money." .. Mr Lockwood submitted that the term "money" must be construed strfctlv unless the context otherwise dictated In this case, he said, a perfectly clear scheme of the intentions of the testatrix was ascertainable trom the will. . Judgment was reserved.