WORDING OF A WILL

Evening Post, Volume CXXII, Issue 132, 1 December 1936, Page 10

WORDING OF A WILL

DRAWN BY LAYMAN

INTERPRETATION SOUGHT

Interpretation of the wording of a will drawn by Alexander Keith, accountant, of Masterton, for the late James George Hunter, farmer, of West Taratahi, Masterton, was sought in the Supreme Court today by the son of the testator, Henry Thomas Hunter, farmer, of Kaituna, near Masterton. Although the will was not drawn by a solicitor, it was described by counsel for the son as not being a home-made will in the strict sense of the term. From time to time technical expressions occurred in the will, but it was his submission that these technical expressions were not used in the sense a solicitor would use them. In reply to Mr. Justice Ostler, Mr. C. C. Marsack, of Masterton, who appeared for the son, said the value of the estate was.approximately £1500. There was a farm property at West Taratahi of 150 acres, but it was very difficult to place a valuation on it. In addition there was approximately £200 in cash, the bulk of which was on deposit, and there were some unsold chattels. The testator, said Mr. Marsack, left surviving him his widow1 and two children—a son, the plaintiff in the action, and a daughter. The only two persons mentioned in the will •apart from the trustee, Mr. Keith, were the widow, who was bequeathed an annuity of £1 per week during her life, and the son, who was about 40 years of age. Mrs. Hunter, the widow, died about four years ago and the point had arisen as to exactly what interest'the son took in the assets of the estate of the late Mr. Hunter. There were two other questions the Court was asked to determine. One was: If the son's interest is a life interest with a power of appointment, in what manner may such power of > appointment be exercised? The other question related, to the meaning of the word "heirs" in a certain sentence in the will. Mr. H. R. Biss, Wellington, appeared for the trustee and the unborn children of the plaintiff, and' Mr. H. H. Daniell for the daughter of the testator. 1 His Honour held that the son has a vested life interest in the estate, with a power of appointment, but that if he lives for forty years after the death of the testator he takes the whole estate. The power of appointment may only be exercised by will or deed taking effect after death. As to the meaning of the word "heirs," his Honour's decision was that it was any person or persons H. T. Hunter may choose to leave the property.