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An application was made by the Public Trustee to. the Chief Justice (Sir. Robert Stout) at the Supreme Court this morning; for an order * construing the wiil of the late ■Bobert Michael Fletcher, merchant, of Neiapu, Tonga, and determining four specific questions in connection therewith. Mr. O. G. Rose ap.peared for the Public Trustee and infant sons of the deceased (Michael, Robert, and Andrew), Mr. A. W. Blair for the daughters (Gi-acp and Rosie), and Mr. C. H. Tread-well for the widow of de-: oeased (M-a-nu Sui Yeaton, now a mai> ied woman).

During the hearing of the application, it was explained that deceased died at ■ Neiapu, Tonga, on 9th March, 1918, ieav. ing a will dated 18th November, 1913, of which probate had been duly granted. Deceased ltft surviving him his widow and five children. Hie New Zealand assets proved to be worth £8,333 12s. 7d, and his Tongau assets worth £5606 lie sd. Under the will the- deceased gave to his wife Maim a cottage at Masilmea, Vava-u, with ql] his furniture, his poay and trap, and £50 per annum, to be paid half-yearly; to his daughters Grace and Rosie a life interest in £2000 and! £3000 respectively; and to his three infant sons the- balance of the estate, to be divided! among them equally when the youngest reached the age of twenty-one years. The will further provided that on thn wife's death her intei T«At in the estate (income and property) should be divided) equally among his children then living. The Public Trustee asked': (1) Whether the gift to the testator's wife of his cottage- at Masilmea, Vavau, and of his fur., nitura, his .pony, and trap, was for the term of her life only, or for her own use absolutely; (2) at what period were the two sums of £2000 and £3000 bequeat-h&di to testator's daughters, Grace. and Roaie respectively, upon trust, to be set aside, and upon and subject to what trusts were such respective sums to be held; (3) what was the nature and extent of the beneficial interest taken by testator's sons, Michael, Robert, and Andrew, in his estate under the provisions of the will; (4) what was the effect on the assets in the estate of the direction in the penultimate paragraph of the will that upon the death of testator's wife her interest in the ■ estate (income was to be equally divided among the children then living. The case was argued at considerable length, and his Honour reserved decision, .

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Bibliographic details

ISLAND TRADERS WILL, Evening Post, Volume XCIX, Issue 142, 16 June 1920

Word Count

ISLAND TRADERS WILL Evening Post, Volume XCIX, Issue 142, 16 June 1920

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