LAW REPORTS.

Dominion, Volume 6, Issue 1721, 11 April 1913, Page 9

LAW REPORTS.

COURT OF APPEAL. BEQUEST TO SCOTTISH CHURCH. , AUCKLAND ESTATE. THi; RELATIVES AND THE VILJ,. Yesterday the Court of Appeal was engaged in considering the'will of the lalo William .Adams, of Auckland, with a view to interpreting it. On the Bench wero their Honours the Chief Justice (Sir Robert Stout), Mr. Justice Williams, Mr. Justice Dennistou, 3lr. Justice Edwards, and Mr. Justice Cooper. The parlies were: Jane Potter and Mary Fulton, trustees and exocutrices under the will, plaintiffs; and Alfred .Adams ami James .Adams, sons of tho late William Adams, defendants. Mr. J. It. Reed, K.C., and with liim Mr. I'. I'. Kolly, appeared for (lie plaintiffs; Mr. 31. C. M'Gregor for Alfred Adams; and Dr. Bainford for the Deacons' Court of High Church of Paisley, Scotland (a bcncficiary under the will). James Adams-was not. represented, declining "on sentimental grounds" to be concerned in the case. Mr. Iteec. remarked that there was a clause in the will.directing that any beneficiary' contesting tho will should be cut o\t of it. Sir. M'Gregor, counsel for Alfred Adams, .stated that lie was not appearing to contest the will, but to. assist tho Court in its task of interpretation. Thero ensued between the Bench and counsel n short discussion as to whether, through his being represented, in tho case, Alfred Adams's share of the estate was imperilled; At the conclusion Mr. M'Gregor decided to proceed with, his address to the Court. William Adams's estate was valued at about ,£90,000. The personalty, valued at about £60,000, was bequeathed, subject to certain legacies, to tho trustees and Deacons' Court of the Established High Church of Paisley, Scotland, to be devoted to the clothing and maintenance of orphan children of'members of the Church. By tho will the realty was left in trust to pay the expenses of maintaining tho property, after which the trustees were to apply the income in four parts among tho four children of the testator (William Adams). In case of tho death of any child, leaving issue, tlien the children.of that,child'were to receive that child's slmro until tho youngest of thein (testator's grandchildren) liad reached tho age of 21 years. The corpus on the death of the survivor of testator's children was to go to the Paisley Church. By a codicil it was provided that the share of any child dying and leaving issue should bo paid to the grandchildren (of testator) for life instead of until tho attainment of the majority. William Adams had four children—Alfred Adams, James Adams, Jessie. Prime, and Jane Potter. One of these, Jessie Prime, died without issue, and her death led to the raising of tho following questions:— ' ' Is the trust as (o the testator's real estate in favour of the Paisley Church, valid or binding, and is it void as infringing the rule against perpetuities? If tho,t!,-ust is Valid and binding, then (Jessie' Prime having (lied without issue) aro the trustees forced, or entitled, to pay the Paisley Church tho I share of income to which during her lifetime Jessie Primo was entitled., or must any payment bo postponed, and, • if so, until' What time? • • • If the' said trust is void, then what persons aro entitled, and iii what share, to the incomo payable during her lifctimo to Jessie Prime? After hearing argument the Court reserved decision.