HOME-MADE WILL

Evening Post, Volume LXXXIV, Issue 72, 21 September 1912, Page 5

HOME-MADE WILL

COURT'S INTERPRETATION. Reserved judgment was delivered by his Honour the Chief Justice in the Supreme Court to-day on an originating summons to determine the meaning of the will of Richard Allen, late of Invercargill, accountant. The Public Trustee was plaintiff, and Olive Elkin Edmonds, wife of John Edmonds, commercial traveller, Melbourne, was defendant. Mr. J. W. M 'Donald, solicitor to the Public Trustee Office, appeared for the plaintiff and Mr. T. Neave for the defendant. The will was ft home-drawn one, probate oi which was granted to the Public Trustee on 31st January, 1912. It made various specifio bequests, and continued: "The balance to be investod by the Public Trustee and the interest on same to be remitted to her (Olive Elkin Edmonds, daughter of deceased), quarterly, op at such periods aa she may desire ; but I desire the house and land in Esk-street^ shall form part of such investment or in the event of her re* ■ turning to Invercargill to live my daughter is to have the right of living in the house rent free should she desire to do so ; and further authorise the Public Trustee to dispose of my realty should my said daughter desire him to do so." The Court wag asked to determine whether there had been an effective disposition Of the corpus of the estate or whether there was a gift of the income only to the defendant; also whether there was given a mere personal right of enjoyment in the realty. His Honour held that the will must be read as giving Mrs. Edmonds an absolute estate. Judgment was given accordingly, costs of both parties to be paid out of the estate.