DEATH-BED PAYMENT

Evening Post, Volume LXXXVII, Issue 152, 29 June 1914, Page 6

DEATH-BED PAYMENT

NOT VALID AS A BEQUEST. AN APPEAL COURT JUDGMENT. The First Division of the Appeal Court sat to-day at Wellington to deliver judgment in five Appeal cases. The Court comprised the Chief Justice (Sir Robert Stout), and Mr. Justice Denniston. Mr. ■ Justice Edwards, and Mr. Justice' Hosking. In the - Blenheim appeal action, in which the plaintiff was" Richard Webb Jenkins and the defendant the Public Trustee, decision \va-s asked , for under the Declatory Judgments Act 1908 on a matter affecting the estate of the lato Samuel Huggart, farmer Mr. Huggart by his last will left almost yll his estate to his brother, and after the bi other to the latter's daughter. Shortly before he died he desired to alter the will, to give money to certain charities and property to cousins in Ireland. He was then ill in hospital, and he sent for his friend Mr. Jenkins and told him of his desire. A new will could not be drawn out then, but Mr. Huggart decided to chaw £2500 from the Public Trustee, who was the executor of the estate, and hand it to Mr, Jenkins to distribute as he (the deceased) wished. Twenty-four hours later Mr. Huggart died. The Public Trustee declined to make the payment and fche Court was asked to decide whether he should not do so. Sir John Findlay, X.C, and Mr. D. R. Hoggard appeared for the plaintiff, and Mr. Alacdonald for the defendant. The decision of the Court was that Ihe order (or cheque) to pay the Bank of New South Wales the £2500 was not a valid testimentary disposition ; that it was really held by the bank for the deceased, and that the document was not a valid legal or equitable assignment. Costs weie allowed both parties out of the estate as between solicitor and client in the Supreme Court, and on the highest scale in the Appe.nl Court. The costs in Mr. Jenkins's case Were allowed because he had brought the action at the desire of tho Public Trustee.