WILL CASE DECISION

Press, Volume LXXX, Issue 24279, 9 June 1944, Page 7

WILL CASE DECISION

DIVISION OF SHARES IN ASHBURTON ESTATE

Judgment was delivered by his Honour Sir Justice Northcroft in the Supreme Court in Christchurch yesterday concerning an application that had been made to the Court for the interpretation of certain clauses in the will of Donald Williamson. formerly a storekeeper and farmer at Ashburton. Williamson, who made his will ill 1891. died in 1907.

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 Mawscn Stewart, as executors of the will of Isabella Atkinson (another deceased daughter of the testator). In addition, there were 10 second deiendants 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 Coloe (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 year,*, take by virtue of clause 4 of the will, or does Georgina Jane Smith take absolutely?’ The Court held that the children Of James Munro Williamson did participate in the distribution of the shares of Catherine Dixon and Marjory Ann Colee, and that they also participated in any accretions to those shares. The shares accruing to daughters were not subject to settlements, his Honour said, which affected the- original shares, but were vested independently and absolutely. All counsel had agreed, and, in the opinion of the Court, on - convincing grounds, that the limitation sought to be imposed bv one clause of the will on the shares of‘the grand-dauchters was not valid. The shares of the latter were vested absolutely. The parties, he added, were entitled to their own costs, and when a draft order was submitted, the Court would settle what was appropriate ip each case. Mr G. G. Lockwood represented the surviving child. Mrs Smith, also ■ the trustees T 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 great-^randchildrep.