LAW REPORTS

Dominion, Volume 9, Issue 2579, 29 September 1915, Page 4

LAW REPORTS

COUIT OF APPEAL INTERPRETATION OP A WILL An Auckland cose occupied Hie attention of the Court of Appeal ' yesterday,. When the Bench was occupiccl by Their Honours the Chief Justice (Sir Itabert Stout), Mr. Justice Donniston, Mr. Justice Ed-wards, and. Mr. Justice Chapman. The appeal was from a decision of His Honour Mr. Justice Cooper delivered at Auckland in March last in the case of J. W. Souter and others v. A. L. Souter, aii originating summons brought to determine certain questions arising under tho will of the late' William Burns Souter, merchant, of Cambridge. 'The total value of the estate was upwards of jjCOOO, and the Court had <lecid«l that, after making provision for trust funds of <£1000 and .£2OOO, A. L. S.outer was to receive absolutely one-fourth share of the remainder of the estate and also the .income on the 6um of .filOflO held o.n trust. This decision was appealed against by tho plaintiffs in" the originating 'summons (J. \V. Souter and others), who. contended that A. L. Souter should riot receive as much as the Court lmd awarded liim. .Other points decided by the Court were also appealed .against. At tne hearing of the appeal yesterday, Mr. J. W. Macdonald, solicitor to tho Public Trust Office, appeared for , tho Public Trustee, who represented by.order of the .Court the infant children of A. L. Souter; Dr. Bamford, of Auckland, appeared for J. AV. Souter and others; while Mr. J. B. Heed, Iv.C., of Auckland, with him Mr. J. L. Stout, appeared for A. L. Souter.. At 4.30 p.m., "the hearing of argument was adjourned until 10.30 a.m. to-aay.