INTERPRETATION OF A WILL.

Marlborough Express, Volume XLVI, Issue 115, 13 May 1912, Page 6

INTERPRETATION OF A WILL.

BIGHTS OF AN ADOPTED CHILD

The rights of an adopted child of the wife of Anders Andersen, sheep; farmer,, of Featherstan, • deceased^ were : invply.ed'; in «n :action 'decided by.. ihe^Court of : 'Ai>j^al/;lastvweefc.; '■■'',„■■ ' -r- ■■ ■ y-Mr' Justice;■ Chapman was asked forv ki. declaration «n. 2n^r iNovidtiilbe% Jfe9ll,; but his Honor removed, the' 'point; to" the Court of Appeal. . L : The plaintiff was the Public Trustee, as executor of the will, and the defendant was the adopted child, Elizabeth Dorothea Blinder Pilkington, wife of Willian Andrew Pilkington, farmer, of Pukekohe. On Ist August, 1882, Martha Andersen, wife of deceased, adopted Elizabeth Dorothea Blinder M'Kirdy, then aged seven years. On 10th. May, 1907, Mr Andersen made his will,\and in it< he provided as follows: ■ —"I bequeath to my adopted'daughter, Elizabeth Dorothea Blinder Pilkington, the sum of £400, but, in case she predecease me, leaving any children _ surviving, then I direct that such children, who shall respectively attain the ag© of twenty-one years, shall take in equal shares the said sum of £400."

After other legacies, testator directed the income of his estate to bo paid to his wife for her life, or imi;il her second marriage. The estate was then to go to "all my children or any child, who, being a ssn' or •sous, shall attain th© age of twentyone years, or, being a daughter or daughters, shall attain that age or marry under that age, and if more than, one, in equal shares." In default of such children, the estate was to go (a) £300 to Thomas Clark, of Ballarat, father-in-law of testator: (b) five-eighths of remainder for all his brothers and sisters living at his death; (c) two-eighths for ■ James Lorellj of Louisville, United States, brother of his first wife, and Marie 1/ovell, of Watford. England, widow of Benjamin Lovell, brother of his first wife; (d) one-sixteenth to the trustees for the time being of tfhe Home in .the. Wairarap.% for Incur-, ables, and if no such home, thenfor" the Home for _.Tnctu rabies \in. Wellington- (cV one-sixteenth for the ureyf: town Ho3t>ital. ' .

'■. Mr. Andtersen. ; -died, le&y%e v#p »chilrij ■drm. ''of^Kis^tjwiv^ah^^ 1908, pro bate ;wa s gTarited to >jbHe; Public Trustee'/ Mrs,^ Airclf'rseri ■died" re-, centlv in Ballarai." The questions for the Court to 'determine were:- — 1. Whether, on the true construction of the will, Mrs Pilkington was entitled to share as a child of deceased. 2. Whether, if she c?.me under the description of a child of deceased. she was excluded by reason of having attained twenty-one and married hefore the date of the . will; the wordingf of the will was in' words of futurity, and only -.. «ipt>lied to snch' daughters a's ■•(after,-; the date of the will) at-

tamed twenty-one years of age, or married. The Bench consisted of the Chief Justice (Sir Robert Stout), and Justices Williams, Denniston, Edwards., and Chapman. The Court decided by a majority, Mr Justice Denniston dissenting, that defendant was entitled., to the . resi- ' diialry estate of deceased,., and that "the, taxed casts between solicitor-ia_^eli. Kglient of both pai'ties -should 1)6 paid': $jr the "estate. .*: •■ . ~.' ■■''■■''■ "'.••■'"■■■;■■„ ■ ... The possibility of" an Appeal to the Priyyr Council was mentioned.