SUPREME COURT,

Dominion, Volume 6, Issue 1620, 11 December 1912, Page 4

SUPREME COURT.

: •'•■ ' THE HOME-DRAWN WILL. : The-difficulties of a home-drawn will came.before the Supreme Court yesterday afternoon, when his Honour the Chief Justice heard an originating summons to interpret the will ot William John Taylor, farmer, Into or Halkett, deceased. The Public Trustee, as administrator.of tho estate of James Taylor, late of Halkett, farmer, and a trustee of the will, of the said William John Taylor; was plaintiff, and Annie Walker, of Halkett, married woman, was defendant.. .Mr. J. W. Macdonald, solicitor to the Public Trust Office, appeared for the plaintiff, and Mr. T. Young for the deiendant. 'William John Taylor died on May 11, 1899,.and probate of the will was granted to the executors, who subsequently appointed the Public Trustee in their place. The will provided as follows :—

It is my wish that my section of land, ' consisting, of 50 acres, situated'on the Bealey Road; be sold. That my section of 70 acres, on Painter's Track, bo leased,' the lesseo taking tho crop, now growing on it at valua-

tion; That the homestead, consisting of house and 44 acres of land be retained, and

.used as may seem best for the interests of my wife and son. That all unnecessary, stock implements,

etc., be sold. That out of the funds thus realised all debts due by me bo paid, all expenses incurred in arranging matters connected with the settlement of my affairs be defrayed, and that my overdraft at the Colonial Bank of New • Zealand, Christchurch, bo cleared off. I appoint Mr. Charles Deal and Mr. William White as executors of my estate, '■ both of whom reside at Halkett, and my wish is that, until my son James Taylor comes of age, the said executors (in conjunction with my wife, Annie Tavlor) will, to the best of their, ability, employ the revenue of the estate for the joint benefit of my wife

and son. When my son, James Taylor, comes of age, should he elect to work the farm . himself, he is at liberty to do so, on condition of his paying my wife, Annie Tavlor twenty pounds annually,

and allowing her to remain in possession of the' present dwelling-house. It is my further wish that, when my son' comes of age, any moneys" which may have accumulated from the working of the estate be divided equally between his mother and himself, and that, should the son survive the mother, all shall then be his. My personal effects I bequeath to my wife, Annie Taylor, as her sole possession.

The deceased left as survivors his widow (Annie Taylor), who sulKequently married one John Walker, of Halkctt, roadman, and one child (James Taylor), who died intestate, leaving a widow and three children. Administration of his estate was granted to tlio Public Trustee on May 21, 1912. The question which the Court had to determino was the ownership of the lands, which are now of considerable value. • After hearing argument, his Honour reserved judgment. FOR DAMAGES. LAND-OWNERS COME TO COTj~B,T. Hoaxing ffu concluded in th« Supremo paw); -wstg&y ,<fefe» ife»..fi!SS!».'BJ?l

of an aotion claiming damages for alleged trespass or nuisance, 'i'ho parties were: Harry Bennett Kennerlcy, settler, of Wellington, plaintiff, and Louisa Jano Seddon, widow, of Wellington, defendant. Mr. E. K. Kirkcnldio appeared for plaintiff, and Mr. D. M. Findlay for defendant. Some details of tho claim and deienco woro published on Saturday. The parties aro neighbouring land-owners in Molesworth Street, anil tho plaintiff (Kennerley) alleges thu-t tho defendant (Mrs. Seddon) or her predecessors in title had, by depositing earth against tho wall of his stable, wcakoncd tho structure, causing it to leak and admit water. Ho thereforo sued for JE2S as damages, and asked tho Court to grant an injunction restraining the defendant (Mrs, Seddon) from continuing tho alleged trespass or nuisance.. ... His Honour reserved decision.