COURT OF APPEAL

Dominion, Volume 19, Issue 256, 13 July 1926, Page 3

COURT OF APPEAL

INTERPRETATION OF A WILL. The Court of Appeal—Their Honours the Chief Justice (Hon. C. P. Skerrett), Mr. Justice Herdman, Mr. Justice Reed, Mr. Justice Adams, and Mr. Justice Ostler on the Bench—yesterday heard legal argument on the interpretation of a certain clause in the will of William Bryant Vater Pearce, deceased. The case was removed from the Supremo Court by Mr. Justice Alpers. The executors of the will (Frank Kenneth Pearce, Eric Cecil Pearco and Frank Besley Pearce) were the plaintiffs, and Frank Kenneth Pearce, Alan Pearce and Eric Cecil Pearce, beneficiaries under the will, were the defendants. The defendants were bequeathed certain land, which was heavily mortgaged, and 'the stock and' chattels upon this land. They agreed to accept the stock and chattels, but not the land. Tho question submitted for the determination of the Court was whether defendants were entitled to renounce the land and accept only the stock and chattels. Decision was reserved.' Mr. J. P. lunes (Palmerston North) apnaared for the executors; Mr. H. P. Richmond (Auckland) and Mr. W. A. Izard (Wanganui) for F. K. and A. Pearce; Mr. C. A. L. Treadwell (Wellington) for Patricia Pearce, one of the beneficiaries; and Mr. W. J. Treadwell (Wanganui) for one of the residuary legatees, Eric Cecil Pearce.