TERMS OF WILL

Evening Post, Volume CXL, Issue 21, 25 July 1945, Page 9

TERMS OF WILL

VARIATION SOUGHT

BILL BEFORE HOUSE

"I made a point of discussing this matter with some of the trustees quite recently and while I am not instructed by them I think I can say that the trustees themselves, knowing all the facts, would like to see this Bill passed and would want to assist," said Mr. K. M. Algie (National, Remuera) in the House of Rephesentativcs yesterday when speaking on the Marianne Caughey Preston Estate Bill, a private measure. That, he said, was to his mind, the determining point.

Mr. A. G. Osborne (Government, Onehunga), in moving the second reading of the Bill, said that its purpose was to vary the terms of the will of the late Marianne Caughey Preston by increasing the provision made for Reginald Caughey Seymour Smith. The Bill was designed to right what he believed to be a grievous injustice to Reginald Smith. Mr. Osborne outlined events from the time Reginald Smith arrived in New Zealand^ in 1909 as a baby in arms in charge of Marianne Caughey Smith and William Henry Smith. x He had been brought up in their household always believing that he was their lawful son and not their foster son. Actions that had been taken by Mr. and 'Mrs. Smith, particularly .in regard to donations to religious organisations, went to confirm his belief that he was their own son. In letters he had received from his foster mother he had been addressed as "My Dear Reginald" or "My Dear Boy." In 1909, prior to his death, William Henry Smith made provision in his will for £10,000 to go to Reginald Smith when he became 25 years of age. That will was revoked in 1912. Mr. William Henry Smith died soon after, and Marianne Caughey Smith, now known as Marianne Caughey Preston, deceased, executed several wills varying provision she made for Reginald Caughey Seymour Smith.

SHARES IN SMITH AND CAUGHEY'S.

In one will made in May, 1917, he was bequeathed 15,000 fully paid up shares in the firm of Smith and Caughey, of Auckland, on his attaining the age of 25 or on his previous marriage provided it was approved by his foster mother. At that time everyone believed that the testatrix was his mother. That provision was confirmed by a will of November, 1920, but from time to time there were a number of alterations, and some time later provision amounting to only £100 was made for the boy. Some months ago the young man went to .the Supreme Court to endeavour to establish that he was the son of Mr. and Mrs. Smith, but he failed t& establish his claim and so had now exhausted all his remedies so far as. the law was concerned. Mr. Osborne said he believed that although Reginald Smith had no legal claim to consideration he definitely had a moral claim. It was because he had exhausted all legal remedies available to him that the present course was now being taken of presenting a Bill to the House. Mr. Algie said that from his own knowledge of the facts and from what he had heard from Mr. Osborne he would be glad to support the measure. Normally they would not'lightly disturb the testamentary dispositions of any person, and it would not be right in ordinary circumstances to go even before the high court of Parliament and ask Parliament to make a will which the testator had not seen fit to make. The trustees who .represented the beneficiaries in the estate and who knew their mind had all along taken the view that if it had been in their power to assist the young man they would have done it.

A PROPER BILL.

The Attorney-General (Mr. Mason) said that by virtue of his office it was his duty to see to the protection of charitable trusts. The beneficiaries in the estate represented charitable trusts and it was incumbent upon him to see that there was no impropriety so far as they were concerned. In his opinion the Bill was a proper one and exception could not fairly be taken from the point of view of any charitable trust involved in view of all the circumstances and the attitude of all concerned.

The Bill was read a second time and referred to the Committee of Selection, whose duty it is to appoint a committee to deal with the Bill. This committee will be comprised of five members, one being the Chairman of Committees (Mr. R. McKeen), another being the member in charge of the Bill (Mr. Osborne), and three disinterested members yet to be. appointed. They will then examine the Bill, hear evidence, and report back to the House. *