A WILL VARIED

Evening Post, Volume CXII, Issue 143, 14 December 1926, Page 9

A WILL VARIED

WIDOWER RECEIVES ANNUITY

SMALLEE SUM FOR TOMB

STONES.

(By Telegraph.—Press Association.)

AUCKLAND, This Day.

i An application to vary tho will of tho late Caroline MacGregor camo bofore Mr. Justice- Adams in the Supreme Court. The testatrix left her personal estate to her husband, Robert MacGrogor, a carrier, of To Puke, and directed that her real estate was to be held in trust for the enjoyment of her husband during his life time, the trust tj operate only so long as ho remained on the property. At his death or when the i trust came to an end the trustee was I directed to convert the estate into cash. From the total realised the testatrix ordered that not less than £200 was to bo expended in tho provision of a monument over her grave in the To Puke Cemetery, and £50 was to bo expended in the erection of a headstone over the grave of hor mother in the Tauranga Cemetery. Tho balance was to be handed to the Te Puko Town Board to be used for the purpose of creeting in tho town square a fountain, which was to bo inscribed in plain lettering of a good i'oadablo size, "Caroline MacGregor's Fountain." The acceptance of' the fountain was declined by the Te Puke Town Board, but the reasons for refusing the gift were not stated. In Court it was intimated, however, that the board might bo interested in the estate if the sum could be set aside for some equivalent public amenity. A variation of the will was sought by the widower and a son of the deceased. Tho former intends to return to Scotland at an early date, and under the will his interest in the estate would cease if he departed from Te Puke. It was mentioned. that he had | been responsible for the^ crea+ion of the greater part of the estate. > After hearing counsel, his Honour aecbpted tho disclaimer of the Town Board, and also reduced the amounts to be spent on monuments to the deceased and her mother tov£so for the two. He then directed that £600 should be set aside, and that tho interest and part of the capital amount thus provided should bo used in the payment of an annuity of £1 a week to the widower for the remainder, of his life. Subject to this provision, tho re- I mainder of the estate was handed to tho son.