A WILL CASE.

Evening Post, Volume LXXXI, Issue 104, 4 May 1911, Page 8

A WILL CASE.

« A LIFE INSURANCE POLICY. •Judgmcul was given by his Honour tho Chiet Justico (ttir Robert Stout) this morning in the cube of tho Public Trustee v. Ann Wallis and Mary Redd, an originating bummoiib in tho estate of the lato John Rede', of Bulls. His Honour said he found tho facts to be' that the deceased testator made his will on the 31st March, 1398; that after making his will he went to England, and that' ho there met his cousin, Ann Wallis, who is a party to tho proceedings; that ho urged her to accompany him to New Zealand, and that, in consideration of her giving up her situation and accompanying him, he executed in England an assignment of a policy of insurance on his lifo for £300. The policy was at this timo in New Zealand. Tho agreement was not endorsed on the policy as required by section 43 of Tho Lifo Insurance Act, 1908 v nor was it over registered as required by that section. In his will tho policy was bequeathed with his other real and personal property to his executor on trust for several purposes. Ann Wallis took no benefit under tho will. Tho question was whether tho Public Trustee, as executor, should keep the £300 or whether it should go to Ami Wallis. His Honour said he was of opinion that tho ovidenco was clear that the assignment of tho policy was not v gift, but was mado on good consideration. _ It was, in fact, a definite contract that if Ann Wallis gave up her employment and went to New Zealand as John Redd's housekeeper, tho assignment in tho form made would bo given. In hi« Honour's opinion, therefore, Ann Wallis was entitled to the balance of the moneys coining under tho policy after the sum of £100 was paid .to Mrs. Redd. Tho question was not before tho court us to whether Mrs. Redd is entitled to the £100 bequeathed to her undof tho will. Tho costs of both parties mußt be paid out of tho estate. Tho Registrar would fix the costs of Ann Wallis. I Mr. J. W. Macdonald appeared for the Public Trustee, and Mr. 11. F. yon Haast for defendants. *-