DAUGHTER’S RIGHT UNDER WILL UPHELD BY COURT

Greymouth Evening Star, 22 July 1947, Page 3

DAUGHTER’S RIGHT UNDER WILL UPHELD BY COURT

(P.A.) CHRISTCHURCH, July 21. Giving his reserved decision todqy on an application for interpretation of the will and codicil of Solomon Hyam Myers, merchant, of Wellington, Mr Justice Fleming held that a condition in the codicil as to his daughter contracting a marriage outside of the Jewish faith was void for uncertainty. When application was made by the Perpetual Trustees Estate apd Agency Company, his Honor was asked to decide whether arrears of annuities in favour of the widow of £3063, the daughter £3380, and the son £2028, were payable, and, if payable, whether these arrears carried interest, and whether the daughter forfeited her rights under the will because, of a condition in the codicil that, if she married out of the Jewish faith, she would lose all Her legacies, annuities and other benefits. Married a Catholic “The testator’s daughter, Martha, on October 24, 1933, married Thomas James McGregor Crowe, a reputed adherent of the Roman Catholic faith. The most important question for decision is the effect (if any) of this codicil on Martha’s legacies and benefits under the will,” stated the decision. “It is clear that these legacies and benefits were vested in the daughter on the testator’s death, but subject, as to some of the items, to her mother's interest during her widowhood. The codicil, therefore, introduces a condition, subsequent, which, if valid, would cause the divesting of Martha’s benefits. Such a condition, as it could work a forfeiture, is construed by the courts with the utmost strictness. The language of the’condition must be so clear as to admit of no doubt as to its precise measure and effect. “What, then, is the precise meaning of the words ‘contracting marriage outside the Jewish faith’? It appears from some of the decisions cited at the hearing, that there are three main divisions of what we may term the Jewish religion—-Orthodox, Liberal and Reform. There are, no doubt, many other more or less schismatic forms of it also. It may be that a Roman Catholic may believe all the tenets of any of these Jewish forms of religion, though he,may also believe a little more. All of his beliefs are, probably, founded on the Jewish faith.” Decision Given ' il-lis Honor also held that the widow was not entitled to the payment of all the arrears of her annuity as from the date of the testator’s death until the payment in full of her annuity was commenced, except as to income for any year or years available for payment on account of short payment for such year or years. The widow was not entitled to interest on arrears. The widow’s annuity was payable only so far as the income of any particular year extended, and she was not entitled to payment of annuity arreas out of the sale of shares. The daughter, Mrs Martha Rebecca Crowe, was entitled to the unpaid balance of her legacy of £250; to a life interest in the residue trust fund, after death of her mother; to an annuity of £260; to an increased annuity of £416 on the re-marirage of her mother; and oi £5OO on the death of her mother. She was not entitled .to arrears of annuity, nor to interest on the arrears.