HANNAH WILL CASE.

Manawatu Standard, Volume LII, Issue 2, 2 December 1931, Page 3

HANNAH WILL CASE.

JUDGE'S DECISION. WELLINGTON, Dee. 1. While agreement had been reached between the parties oh most of the points' raised in the case relating to the will of the late Robert Hannah, which came before Mr Justice Ostler in the Supreme Court on Thursday, the question of tlie power of appointment mentioned in one clause was left for the decision of the Court. Mr Justice Ostler gave his decision on the point yesterday. The questions were raised in an originating summons issued hv tlie Public Trustee as administrator, but as the interests of infants were concerned tlie approval of the Court was sought. The main question was whether tlie power of appointment mentioned in clause 10 of the will was now exercisable. The parties, said His Honour, had been unable to agree on this question. “I am clearly of tlie opinion that it was the intention of the testator that the approval of the lute Sir Charles Skerrett should be a condition precedent to the validity of any appointment made by the trustees,” said His Honour. “There was good reason for such an intention, in that the trustees wore three only of the seven children, and the objects of the power were any one or more of the seven- children including the three trustees . .. . Ho has expressed that intention in clear and unambiguous language. . . . For these reasons my answer to the question will be ‘No.’ ”