LEGACIES TO EXECUTORS

Evening Star, Issue 21836, 27 September 1934, Page 6

LEGACIES TO EXECUTORS

NOT DISENTITLED TO REMUNERATION v [Tim Uxtteb Pkess Association.] WELLINGTON, Setember 26. Four of the executors and trustees of the will of the late Sir Donald M’Lean, of Napier, were the plaintiff's in a case in which the Chief, Justice (Sir Michael Myers) gave his reserved judgment to-day. The question for determination was whether the executors, by taking payment of the legacies left them by the testator, had become disentitled to any allowance or remuneration for their pains and trouble beyond the amounts of their legacies. The plaintiffs were Matthew Alexander Conway, Guy Newcomb, George Wood, and Henry Gascoyne. His Honour held that they had not, by taking payment of their legacies, become ipso facto disentitled to apply to the court for further remuneration. His Honour concluded by saying that he was not asked to determine, however, nor had he before him the material necessary to enable him to express an opinion whether the circumstances of the case were such as to entitle the executors to further remuneration, but if they applied for such further remuneration and failed they would incur the risk of perhaps having to pay all the costs of all the parties in connection with such application.