DECISION RESERVED

Dominion, Volume 29, Issue 257, 27 July 1936, Page 9

DECISION RESERVED

Privy Council and New

Zealand Case (Received July 26, 6.30 p.m.) London, July 24. The Privy Council reserved judgment, in the appeal of the New Zealand Attorney-General versus the New Zealand Insurance Company, The case concerns a decision of the Court of Appeal in New Zealand, given by Sir Michael Myers, Mr. Justice Smith and Mr. Justice Johnston, and dissented from by Sir John Reed, that the inclusion of the word “benevolent” iu the clause of a will making a public bequest of a sum estimated to be now approximately £90,000, resulted in the trust or gift being void through vagueness and uncertainty, this principle having been established by decisions in England. Sir Alexander Herdman had previously held in the Supreme Court that the will was sound. The money was left by Mrs. Catherine Smith, Auckland, whoso husband, Captain Janies Smith, made a fortune out of shipping and mining activities.

The widow died in 1933, leaving £126,595, of which the residue, estimated then at £76,000, was to be devoted to benevolent, educational or religious societies, institutions or objects at Auckland. The New Zealand Insurance Co.. Ltd., is the trustee under tlie will. The Court of Appeal held that the phrase “institutions, societies and objects established for benevolent purposes” was too indefinite for the meaning to be clear and that, the residue should go on as iu intestacy.