PROTECTION OF LEGACIES

Evening Post, Volume 137, Issue CXI, 10 June 1926, Page 5

PROTECTION OF LEGACIES

(By Telegraph.—Press Association.) CHRISTCHURCH, 9th, June.

An application under an originating summons was heard in the Supreme Court. The case involved the will of the late John M'Lean, of Oamaru, sheepfarmer, the will of' the late St. John M'Lean Buckley, of Oamaru, sheepfarmer, and the purchase of the Redcastle Estate, which belonged to John M'Lean. The plaintiffs were William Frederick M'Lean Buckley (Christchurch), Arthur Edmund Miller, farmer (Christchurch, now in England), and Frances Bay Buckley, widow (now in England), and executors and executrix of the will of St. John M'Lean Buckley, vendors of the Redcastle Estate. The defendants were Robert Kay Ireland, of Oamaru, flourmiller, Albert Joseph Grave, of Oamaru, solicitor, Thomas Doyle, of Oamaru, company manager, and William George Grave, of Oamariij solicitor, purchasers of the estate, and John M'Lean Buckley, of Christchurch, residuary legatee under the will of St. John M'Lean Buckley. Mr. Andrews, for the plaintiffs, said that the application primarily was under section 3 of the Property Law Act to have lands which had belonged to John M'Lean'- estate, but which had been sold, discharged from the legacies given by him, and made a charge over the whole of his residuary estate. Permission was asked to pay into Court £17,000, which the parties had agreed to. John M'Lean, in charging the. legacies, intended to place the benefit to his nieces beyond all manner of doubt. All the parties wished to keep them practically in that position, and to secure them from all loss. ,The object was to pay the sum stated into Court and free the titles. His Honour ordered the application to stand over for further consideration.