LAW REPORTS

Dominion, Volume 8, Issue 2444, 24 April 1915, Page 9

LAW REPORTS

SUPREME CODRT

VIRGIN'S WILL

HARKING BACK TO A TRAGEDY

The Taranaki tragedy, in which Frederick John Virgin, a Tarata farmer, was concerned, was mentioned in the Supremo Court yesterday, when ail application was made l'or ail interpretation of Virgin's will. Virgin, it was. said, had sold his farm, and the purchaser iiad just taken possesson when Virgin, regretting the. sale, burned the house, and loss ox life resulted. Virgin disappeared, end his dead body was found some time later. Since then Virgin's wife had changed her name to Uui'ton,

His Honour Mr. Justice Chapman was on the bench. Mr. J. W. Macdonald and Mr. F. .15. Kelly appeared in the case for the Public Trfistee, and Mr. C. IJ.1 J . Skerrett, K..C., with whom was Mr. B. Kennedy, represented deceased's widow.

Mr.. Macdonald said that Virgin left tiie whole of his estate to his wife and bis two infant sons. The will then made the following provision "If I should die before my sons are at ages of discretion, my farms and stock may be sold, and the proceeds invested. . . . The interest on the capital invested shall be collected and paid to my wife. • • . to be used absolutely for her benefit and the benefit of my sons. When my sons shall attain the age of 25 years respectively, they shall be entitled to the interest, aild may demand that the invested capital shall be equally divided and paid to them as each becomes of the age of 25 yeans, it possession of the land now held by me is retained until my sons attain the ages of 25 years, they shall be entitled to interest and have absolute possession of the said laud an'd stock thereon in the following manner: —Daniel shall sueieed to Section 13, Block 7, Huiroa Survey District, and Frederick shall succeed to Sections 15 and 16, Block 7, Huiroa Survey District. The stock on the whole 'farm is to be divided equally as near as possible, and any liabilities pro rata. I trust that my sons when they are of age will see that their mother is comfortably provided for."

Mr.-.Macdonald stated that the will seemed to have been prepared by one Who was not a solicitor, and as additions to the provisions mentioned above created ambiguity, the Public Trustee desired the Court's interpretation of the provisions, His Honour, reserved his judgment. FRIENDLY SOCIETY MATTER. Before the Court of Appeal Mr. C. P. Skerrett, K.C., made application for the correction of the form of an order entered by the Registrar of the Supreme Court. The case in which tho order had been made by the Supreme Court and entered by the Registrar related to tho procedure to bo adopted for the secession of a branch lodge of the NewZealand body of the Manchester Unity Independent Order of Oddfellows. Mr. Skorrott, with whom was Sir Kenneth Douglas, in asking for an alteration in the form of the order, aaid that the parties had agreed to a new form which was in accord with tho order made by the Court. Mr. Skerrett asked for costs. The Court ruled that the order should be amended as suggested, and £10 10s. costs were allowed. COURT OF APPEAL, The case affecting the death duty payable on the estate of the late Alexander Duncan M'lllwraith, of Canterbury, was mentioned again in the Appeal Court. The case was remitted to Lhe Commissioner of Stamps for further particulars, and the hearing was adjourned till the nest session of the Court,