MONEYS UNDER A WILL

Evening Post, Volume CIII, Issue 74, 29 March 1922, Page 8

MONEYS UNDER A WILL

CASE ON APPEAL.

Under the Family Protection Set, 1908, the Court of Appeal to-day heard an appeal from a judgment of Mr. Justice Herdman at Christchurch in respect to the disposition of moneys uifcier a, ■will. The appellant was William .Henry Rose, and the respondents Francis Frederick Rose and John Benjamin Mr. M. Myers and Mr. F. W. Johij» son (Christehurch) appeared , for appellant ; and Sir. 0. T. J. Alpc'rs (Christchurch) and Mi\ P. B. Cooke for the respondents. , ■

Mr. Myers: stated that in 1919, the testator, William Rose, died, and left estate at Ashburton worth £6150: His Honour Mr. Justice Herdman awarded £1000 to Francis Frederick Rose and £500 to John Benjamin Rose. It was submitted that the judgment was erroneous in law and fact, and should be set aside, because sufficient consideration had not been given to the interest of William Henry Rose. Counsel said it appeared that the Judge had awarded £1000 to Francis Frederick Rose to en-i able him to meet debts which had accrued since his father's death, and that -was one reason why it was urged the judgment should be set aside. The circumstances concerning those debts seemed to have had a preponderating effect in the mind of the learned Judge. John Benjamin Rose left his father's home thirty years ago, but. William Henry never married, and stayed on with his father. Whatever was left at the death of the testator was due entirely to the efforts of tho appellant. Although the Judge thought the test*or's estate was worth not more than £4700, yet the terms of the judgment assumed that it was worth k great deal more. , (Proceeding.)