LEVIN ESTATE

Evening Post, Volume LXXXVIII, Issue 141, 11 December 1914, Page 8

LEVIN ESTATE

SON MAY WITHDRAW PART OF, RESIDUE. JUDGMENT BY CHIEF JUSTICE. The will of the late Willkm H&rt Levin was involved in a judgment delivered by his Honour the Chief Justice (Sir Robert Stout) at the Supreme Court to-day. The plaintiff in the action was Robert Lionel Levin, sheepfarmer, of Taonui; and the defendants were the Hon. George M'Lean, M.L.C., of Duhedin 5 Arthur Edward Pearee, merchant, Wellington; Francis H. D. Bell, solicitor, Wellington j Gerald Fitagerald, civil engineer, Wellington (trustees); .William Fitzgerald Levin, sheepfarmer, Greatford (at present visiting England) ; Elsa Jessie Geraldine Vogel, wife of Harry B. Vogel, gentleman and novelist, of East Surrey,! j England ; Mona Beatrice Levin, spinster, ; Nettley Park, Gomshall, Surrey \ Amy ! Levin, widow, Nettley Park ; Fanny Fitzgerald, widow, Wellington,' Hugh Levin, Fort George, Guernsey, a captain in the Imperial Army. The case was an application in which, the plaintiff, who is one of the residuary legatees under his father's will, asked that part of the residue which is vested in him be paid to him subject to due security being kept for the annuitants. There is now in the hands of the trustees property amounting to £253,697, which capital belongß to the four children in the following proportions : Mrs. Vogel, £73,420 j the plaintiff, £53,423 j- Miss Levin, a life estate in £73,430, and W. F. Levin, £53,423. The reason for the difference in the amount is that £20,000, being part of the residue to which the sons were entitled, was paid to each of them in anticipation. v In delivering judgment his Honour said there was nothing in the deed pre» venting the application from being made. If the share of his capital was mortgaged, he would have to ahow sufficient security to the Court for the safeguarding of the annuity. He was of opinion that the plaintiff might obtain a share of his residue provided an ample margin was left to secirre the annuities. Considering the ages of the annuttants and the rates of interest in the Dominion, he was of opinion that if £25,000 was left of his share > of the residue, and if the order provided that should the income at any time become insufficient to pay the fourth of the annuities pay* able under the will, his share of the residue left might be resorted to, the annuities would be amply secured. His Honour intimated that he would hear the parties later as to coste. At the hearing Mr. C. P. Skerrett, K.C., with Mr. G. H. Fell, appeared for the plaintiff, Mr. M. Myers for the trustees, Mr. H. F. Yon Haast for Miss Levin and Mrs. Vogel, Mr. S. A. Atkinson for Mrs. Amy Levin and Mrs. Fanny Fitzgerald, and Mr. E. F. Hadfield for W. F. Levin and Hugh Levin.