WILL CASE

Evening Star, Issue 22516, 8 December 1936, Page 12

WILL CASE

PARTIES SEEK INTERPRETATION His Honour Mr Justice Kennedy was engaged in the Supreme Court to r day in hearing an originating summons asking for interpretation of the will of the late Thomas Allan, farmer, of Pukerau. Mr A. L. Dolamore (Gore) appeared for the executor of the will, who was the plaintiff, Mr J. G. Warrington appeared for Margaret Hutchison, an adult defendant, and Mr F. B. Adams appeared for the other defendants, who were infants. Mr Dolamore said the will of Thomas Allan provided that the residue of the estate was to be divided equally\ among the testator’s brothers and sisters, with one exception. There was also a provision that, if any of the brothers or sisters died during the testator’s life time and left issue, such issue should take the share the parents would have taken. The application concerned one share in the estate, that of the testator’s deceased sister, Mrs Margaret M'lntosh, who predeceased the testator in 1931. Mrs M'lntosh left a daughter, the defendant Mrs Hutchison, while a son, Peter Muir.MTntosh, was drowned in January, 1930, predeceasing both his mother and the testator. Peter Muir M'lntosh left five infant children. The question the executor submitted to the court was whether Mrs M'lntosh’s share went to Mrs Hutchison in its entirety or whether it was divisaMe between Mrs Hutchison and the children of Peter Muir M'lntosh. His Honour: The question is_whether the children of a deceased child share with the surviving child? Mr Dolamore: Yes. His Honour: What is the value of a share. Mr Dolamore said the value of a share was approximately £750. After hearing legal argument His Honour reserved his decision. '