DISPUTE OVER WILL

Evening Post, Volume CXI, Issue 77, 1 April 1931, Page 6

DISPUTE OVER WILL

dIFT TO CHURCH

A dispute over a will occupied the Court of Appeal on Monday afternoon, when, argument was hoard on an originating summons filed by Mr. H. H. Louglman (Christehurch) for tho interpretation of portion of the will of the late Maria Banks, late of Christchurch, widow." Tho ' vicar of St. Matthew's Church, Christchurch, and two churchwardens were named as defendants. There were on tho Bench his Honour the Chief Justice (Sir Michael Myers) •and jthcir Honours Mr. Justice Beed, Mr. Justice Adams, and Mr. Justice Smith. In the case submitted to the Court it was stated that in the will of Maria Banks, made in September, 1923, and confirmed by codicil in May, 1928, the following provision occurred: "I give and bequeath all Dominion war bonds which form part of my estate, other than the sum of £400 available for payment of death duties, to the church officers of St. Matthew's Anglican Church, St. Albans, toward building a new church proposed to be erected in the parish." The testatrix left part of her estate in £700 of New Zealand Government War Bonds and £900 Government Victory War Bonds, which were included in the description '.'Dominion war bonds." The- question asked by the originating summons was whether the gift mentioned included £1500 inscribed stock which the testatrix purchased after making her will, but before the date of the codiott., The case was heard before Mr. Justice Kennedy at Christehurch in June, 1930 and his Honour held that the inscribed stock was not included. The appellants appealed from that decision. Tho Court reserved its decision;