A FARMER’S WILL

Dominion, Volume 15, Issue 159, 31 March 1922, Page 6

A FARMER’S WILL

RIGHT TO DISINHERIT TWO SONS IN QUESTION. The Court of Appeal concluded the hearing yesterday of the case of appeal. Rose v. Rose, and Rose, which involved the right of a father to disinherit two of his sons in favour of tho third, the younegst son of the family. The parties wore William Henry Rose, appellant, and Francis' Frederick Rose and John Benjamin Rose, respondents. The testator, William Rose, loft his farm, with about £5OOO, to William Henry Rose, subject to a trust to use the interest on £5OO for the benefit of the children of Francis Frederick Rose until tho youngest reached the age of 21 years. William Henry Rose had been the son who re-, mained at home on the farm, the other sons having in early manhood left home, respectively 36 and 30 years previous to testator’s death. They each had families, one of seven and-, one of five children, and they were in somewhat straitened circumstances. William Henry Rose was unmarried. Mr. Justice Herdman awarded one son £lOOO and the other £5OO, and it was from this decision that appeal was made. Mr. M. Myers, with Mr. Johnson, appeared for the appellant, and Mr. 0. T. J. Alpers, with Mr. P. B. Cooke, for the respondents. Judgment was reserved.