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THE APPEAL COURT.

! WELLINGTON, October 20. The case of Reid and others v. Wishart and another is being argued in the Court of Appeal. It is an appeal from a decision of Mr Justice Williams on the construction of the clause in the will of the late Mr Charles Br-gg, of Dunedin. The testator bequeathed his property to trustees, and gave a life interest to his widow. The will then declared that from and after the death of the widow the trustees should hold in trust for all his children who, being sons, should attain twenty-one years, or, being daughters, should attain that age or marry, provided that if any. child should die leaving a child or children who Bhould attain the age of twenty-one or marry, then such child or children should take the share which the parent would have taken ii such parent had survived and attained the age of twenty - one. One of the testator's daughters, Janet Browne, afterwards Janet Wishart, died after his death, but before the death of his widow, leaving a daughter, Mary Browne, now an infant. Mr Justice Williams held that under the above clause Janet Browne took absolutely on marrying, and that her interest was not subject to be divested on her dying during tho lifetime of the tenant for life. Appellants cmitsud that UDfler the proviso clause the interest of Janet Browne (she having died in the lifetime of the tenant for life) is sub'»ot to be divested if the infant Mary Browne, left by her, attains twenty-one or marries. The question involved turns on whether the words "shall die" in the proviso mean shall die without having attained a vested interest or shall die before the period of distribution—that is, during the lifetime of the tenant for life. Mr Calvert appeared for the appellants and Mr MacGregor for the respondents. The Court dismissed the appeal without calling on counsel for respondents. The Court upheld the construction of the will adopted by Mr Justice Williams. The appeal waa dismissed with costß, the scale to be afterwards fixed.

Pursuant to the provisions of tho special Act passed referring to t,be Court of Apoeal the question of the eligibility of Mr Ward to sit for the Awarua seat, MrQnlly, on behalf of the House, mentioned the matter in the Court today. The Act provided that it was to be a special case, which should be set down by the Crown Solicitor. The Speaker was given power to nominate counsel to appear for him as representing Parliament. Mr Gaily asked the Court for leave to set the case down, and to fix Monday next for argument; the case to take precedence of any other ca-es. The Court agreed to this course. Messrs T. Cooper and Skerrett appeared for Mr Ward.

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https://paperspast.natlib.govt.nz/newspapers/ESD18971021.2.54

Bibliographic details

THE APPEAL COURT., Issue 10450, 21 October 1897

Word Count
466

THE APPEAL COURT. Issue 10450, 21 October 1897

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