FAR-REACHING JUDGMENT

Dominion, Volume 22, Issue 33, 2 November 1928, Page 17

FAR-REACHING JUDGMENT

may BE SUBJECT OF APPEAL.

_,By Telegraph.—Press Association.’

Auckland, November 1.

A far-reaching judgment affecting property left to a son under a father s will was given by Mr. Justice Blair to-day in tlie case of C. A. Palmer v. A. W. Wright, both of Manurewa. In 192 a a fire that started on defendant’s property was alleged to have been the cause of the burning of a motor-truck belonging to plaintiff, who obtained judgment for £560.. A charging order nisi was made charging defendant’s interest under the will, of his father The will provided that the income from the estate should be paid “to all my six children in equal shares for and during their respective lives, and so that they shall not, nor shall any of them, have power to anticipate the same. The Judge said: “It appears to me that section 24 of the Property Law Act authorises the father or grandfather to do for a son or grandson that which formcrly could be done for the benefit only of a married woman. If the restrictions imposed protected’ a married womans share, then since the passing of the section 24 a like restraint will protect a son’s share.” :..... ' His Honour set aside the charging order. A discussion between counsel indicated that the judgment may ppssibly .be the subject of an appeal.