INTERPRETATION OF A WILL AN ADOPTED CHILD'S RIGHTS.

Evening Post, Volume LXXXIII, Issue 75, 28 March 1912, Page 8

INTERPRETATION OF A WILL AN ADOPTED CHILD'S RIGHTS.

The rights of an adopted child of the wife of Anders Andersen, sheepf armer, of Featherston, deceased, were involved in a case befoie the Court of Appeal today. A declaration on the point was asked from Mr. Justice Chapman on 2nd November, 1911, bat his Honour removed the cas,6 to the higher Court. . The plaintiff was the Public Trustee, as executor of the will, and the defendant was the adopted child, Elizabeth Dorothea Blinder Pilkiugton, wife of William Andrew Pilkington, farmer, of Pukekohe. On Ist August, 1882, Martha Andersen, wife of deceased, adopted Elizabeth Dorothea Blinder M'Kirdy, then aged seven years. On 10th May, 1907, Mr. Andersen made his will, and in it her provided as follows :—": — " I bequeath to my adopted daughter, Elizabeth Dorothea Blinder Pilkington, the sum of £400, but, in case she predecease me, leaving any children surviving, then I direct that such children, who shall respectively . attain the age of -twenty U>ne years, shall take iv equal shares the said"sum of £400." After other legacies, testator directed the income of his estate to be paid to his wife for her life, or until her second marriage. The estate was then to go to "all my children or any child, who, being a son or sons, shall attain the age . of twenty-one years, or, being a daughter or daughters, shall attain that age or marry under that age, and if more than one in equal shares." In default of such children, the estate was to r go (a) : £300 to Thomas Clark, of Ballarat, father-in-law of testator ; (b) five-eighths .of remainder for all his brothers and sisters living at his death; (c) twoeighths for James Lovell, of Xbuisville, United States, brother of his first wife, and Marie Lovell, of Watford, England, widow of Benjamin Lovell, brother of his first wife; (d) one-sixteenth to the trustees for 1 the time being of the Home in the Wairarapa for Incurables, and if •no suck home^ then for the Home for Incurables in Wellington; (c) one-six-teenth, for the Greytown Hospital. Mr. Andersen died, leaving no children of his own, and, on 15th May, 1908, probate was granted "to the Public Trustee- Mrs. Andersen died recently in Ballarat. The questions for the Court to determine were :—: — 1. Whether, on the true construction of the will, Mrs. Pilkington was en- . titled to share as a child of deceased. 2. Whether, if she came under the description of a child of deceased, she was excluded by reason, of having attained twenty-one and married before the date of the will ;' the wording of the will was in words of futurity, and only applied to 6uch daughters as (after fixe date of the . will) attained twenty-one years of age, or married. The Bench, consisted of the Chief Jus-, tic© (Sir Robert Stout) and Justices Williams, Denniston, Edwards, and Chapman. Mr. C. P. Skerrett, KIC, with him, Mr. J. W. Macdonald, appeared for tho 1 Public Trustee and Mr. T. Cotter, K.C., with him Mr. C. J. Schnauer, for d*» fendant., ' ■! . Lengthy legal argument is proceeding.