LEGACY OF $4000

Press, Volume CVIII, Issue 31652, 11 April 1968, Page 8

LEGACY OF $4000

Trust To Be Modified

A finding that the share of residue directed by the will of Ruby Mary Nelson, a spinster, of Christchurch, who died on June 12, 1963, to be held upon trust for the president of St Dunstan’s (N.Z.) Blinded Services’ Association (Christchurch branch) was not payable to the association or to the Blinded Servicemen’s Trust Board or to any members of the defunct branch was given in a reserved judgment delivered by Mr Justice Wilson in the Supreme Court yesterday. His Honour found that the share was to be applied in accordance with a scheme to be prepared and approved as provided under the Charitable Trusts Act by which the trust can be modified to conform as near as possible to the testatrix’s intentions. In a hearing on April 1 the executors of the testatrix sought orders under the Declaratory Judgments Act to determine the final destination of two legacies in her will.

His Honour reserved his decision as to who received a fifth share of the residue of the estate which, under the will had been left to the president of the St Dunstan's Blinded Services’ Association (Christchurch branch), for the general purpose of the branch. The sum involved was $4OOO.

Mr E. J. Somers appeared for the executors, and Mr R. .1. Craddock, of Auckland, appeared for the St Dunstan’s (N.Z.) Blinded Services’ Association. Mr N. W. Williamson appeared for the AttorneyGeneral, Mr W. A. Wilson for the North Canterbury Hospital Board, and Mr C. 11. Harman for representatives of persons claiming the legacy as the Christchurch branch.