INTERPRETATION OF WILL

Press, Volume LXXX, Issue 24278, 8 June 1944, Page 3

INTERPRETATION OF WILL

COUR'f RESERVES DECISION The interpretation of certain clauses in a will made by an Ashburton farmer and storekeeper as far back as 1891 was E ° in the Supreme Court in Christchurch yesterday. The testator was Donald Williamson, who died in 1907. After hearing legal argument, Mr Justice Northcroft said he would probably deliver judgment this morning. ... . The plaintiffs were Walter Cuthbert Colee, retired schoolmaster, and Samuel Donald Atkinson, merchant. _ both of Christchurch, trustees of Williamson s estate. The first defendants were: Georgina Jane Smith, married woman, .of Methven (the sole surviving child of Williamson), W. C. Colee as sole executor of the will of Marjory Ann Colee (a deceased daughter of the testator), and S. D. Atkinson and James Mawson Stewart, as executors of the will of Isabella Atkinson (another deceased daughter of the testator). In addition, there were 10 second defendants and five third defendants, all descendants of Williamson. Among the questions' submitted to the Court were the following: “On the death of Catherine Dixon and Marjory Ann Colee (daughters of the testator), do the children of their deceased brother. James Munro Williamson, participate in the distribution of such deceased daughters’ shares (including accrued shares), by virtue of clause 4 of the will?” and, “Are the shares of the children of Georgina Jane Smith vested on their attaining 21 years? If not, and they all predecease their mother, do the other grandchildren of the testator, who attain 21 years, take by virtue of clause 4 of the will, or does Georgina Jane Smith take absolutely?” Mr G. G. Lockwood represented the surviving child. Mrs Smith, also the trustees of the estates of two deceased daughters: Mr L. J. Hensley appeared for the trustees of the Williamson estate: Mr L. W Gee for 10 of the grandchildren; and Mr T. A. Gresson for five of the , gr oat-grandchildren. V