INTERPRETATION OF A WILL

Dominion, Volume 13, Issue 229, 22 June 1920, Page 6

INTERPRETATION OF A WILL

BEQUESTS OP LATE E. M. FLETCHER. Judgment upon an originating summons aaking for an interpretation of tho will of tho late Eobort Michael Fletcher, of Vavau, Tonga, was dollvored by the Chief Justice (Sir Robert Stout) yesterday morning, Fletcher left an estate worth about £11,000, and was survived by his wife (now married to a Tongan native) and by five children, of whom tho eldest is about 20 years of age. "The Urat question in the originating summons," said Bis Honour, "is whether the sift to testator's wifo of his cottage at Masilmea, Vavau, and of hia furniture, his pony, and trap is for the term of her life only or for her own use absolutely.' I am of opinion that the gift is not a mere life-interest: it is an absolute gift. The second question is as follows: 'At what period are the two sums of £2000 and £3000 bequeathed to testators daughters, Grace and Eosie respectively, upon trust to bo Bet aside, and upon and subjeot to what trusts aroi suoh respective sums to bo held?'- The answer must bn that these two suras must bo set aside at once upon tbo trust; declared in the third and fourth paragraphs of the will. Tho trust ia that it is to-be for the ohtld for life, and after her death to her children if she ahouid Ret married. Tho third question is: 'What is the nature and extent of tho beneficial interest taken by the testator's sons Michael, Eobort, and Andrew, in his estate under the provisions of tho will' In my opinion, after the money is provided to pay for the widow s annuity (£6O)-and for the settlement of the £2000 and £3000 for the Eirls. tho balance of the estate is to bo held by tho trustee or executor until tho youngest child. Andrew, reaches 21 years. Then it is to be divided amongst the children. Tho fourth question ia: 'What is thoenect on tho assets of the direotion that unpn tho death of tho testator's wifo. hor interest in the cßtate, that is- the income and property, is to be equally divided amongst the children then living? Tho answer ia that all income not distributed and all property held to Becuro the widow's annuity must be divided equally ainongßt tho ohildren then living-