LAW REPORTS.

Dominion, Volume 5, Issue 1401, 29 March 1912, Page 3

LAW REPORTS.

COURT OF APPEAL.

AN ADOFTF.D CHILD

INTERESTING WILL CASE,

The Court of Appeal sittings were resumed yesterday, v.hen the Court was asked for a declaration as to the rights of an adopted child of the wife of the lalo Anders Andersen, shcepfarmcr, of l'eatherston, deceased. The case previously carae before Jlr. Justice Chapman in the form of an originating summons in the Supremo Court. By his Honour's direction, the caso was removed into the Court of Appeal for argument. On the Bench yesterday were the Chief Justice (Sir Robert Stout), Jlr. Justice Williams, Jlr. Justice Denniston, Jlr. Justice Edwards, and Jlr. Justice ChapmanTile Public Trustee, as executor of the will, was plaintiff, and the adopted child Elizabeth Dorothea Blinder Pilkington, wife of J\ illiam Andrew Pilkington, farmer, of Pukckohe, defendant.

Jlr. C; 1. Skerrett, K.C., with> him Mr. J. W. Macdonald, appeared for tlic Publie Trustee, and Jlr. T. Cotter, K.C., of Auckland, with him Jfr. C. J. Schnauer, of Auckland, for Jlrs. Pilkington. pn August ], 18S2, Jrartha Andersen, wife of deceased, adopted Elizabeth Dorothea Blinder Jl'Kirdv, then aged seven years. On Jlay 10, 191)7, Jlr. Andersen made his will, and, in it, he provided as follows:—-*' 1 bequeath to my adopted daughter, Elizabeth Dorothea Blinder Pilkington, the sum of four hundred pounds, but, in caso she predecease me, leaving any children surviving, then I direct that such children, who shall respectively attain the ago of 21 years, shall take in equal shares the said' sum of .EdOO."

After other legacies, testator directed the income of his estate to be paid to his Wife for her life, or until her second marriage. The estate was then to go to "All uiy children or any child, who, being a soil or sons, shall attain tlio ago of 21 years, or, being a daughter or daughters, shall attain that age or marry under that age, and if more than one in equal shares. In default of such children, the estate was to go (a) .£3OO to Thomas Clarke, of Ballarat, father-in-law of testator; (b) five-eighths of remainder for all his brothers and sisters living at his death; (c) two-eighths for James Lovell, of Louisville, United States, brother of his first wife, and Mario Lovell, of Watford, England, widow of Benjamin Lovell, brother of his wife; (d) one-sixteenth to the trustees for the time being of the liome in the Wairarapa for Incurables, and if no such home then for the Homo for Incurables in Wellington; (c) one-sixteenth for the Greytown Hospital.

Mr. Andersen died leaving no children of his own, and, on .May 15. 1008, probate was granted to the Public Trustee. Jlrs. Andersen died recently in Ballarat. The questions for the Court to determine were

(1) Whether, oil the true construction of the will, Mrs. Piikington was entitled to share as a child oi' deceased.

(2) Whether, if she came under the description of a child of deceased, she was excluded by reason of having ' attained 21 and married before the date of the will; the wording of the will was in words of futuntv, and only applied to such daughters as (alter uie date of the will; attained , 21 years of age, or married.

Mr. Skerrett addressed (lie Court at considerable length, and Jlr. 'Xlacdouald followed. 'Hie argument on behalf of the Public Trustee was concluded at 4.15 p.m., wluii the Court adjourned until halt-past ten o'clock this morning.