A CHARITABLE BEQUEST

Evening Post, Volume XCVI, Issue 16, 18 July 1918, Page 2

A CHARITABLE BEQUEST

His Honour the Chief Justice (Sir Robert Stout) delivered reserved judgment to-day in . the case of the Public Trustee, as executor of tho will of John Tiffin Stewart, late of Wanganui, plaintiff, and the Mayor and Councillors of Wanganui. the At-torney-Genera], Ellen Agnes Neame, and Walter Stewart, defendants. This was an originating summons asking for the determination of the following questions: Cl) Who are. the trustees nnmed in tho first codicil of the will of John Tiffin Stowart as being the trustees primarily appointed to administer tho trusts, that is to say, \yhether such trustees were (a) the persons holding the offices of Mayor and councillors respectively of the said borough at thp date of the testator's death, (b) whether the Mayor and councillors holding office for the time being and from time to time as the statutory executive authority of the said borough, (c) the Mayor and councillors and burgesses of the borough of Wanganui as a corporate body. ' (2) Whether such trustees determined as aforesaid were legally competent to accept and administer such trust or appoint other trustees to do so. (3) Whether the disposition of the property as provided by the will constituted a. valid charitable trust. ■ His Honour, in a Jengthy judgment, answered the questions as follows: — (1) Tho Mayor, councillors, and burgesses of tho 'borough of Wanganui is the trustee. . . (2) It can accept and administer tne trust. . „ : (3) The gift is a valid charitable trust. No order was roado as to costs.