ORDER OF SETTLEMENT

Manawatu Standard, Volume LIV, Issue 137, 11 May 1934, Page 5

ORDER OF SETTLEMENT

PROTECTION ACT CASE. An order of settlement was made by His Honour Mr Justice Fair, in the Supreme Court at Palmerston North yesterday, in the case brought under the Family Protection Act, 1908, and heard this week. Plaintiff was Sarah Ann Gill, widow, of Pahiatua, and defendant was the Public Trustee, as executor and trust© of the will of the late Charles Edward Gill, farmer, of Pahiatua. During the hearing Mr S. T. Tinney (Pahiatua) appeared for plaintiff, Messrs G. H. Smith and N. H. Rawson for nine of the beneficiaries, Mr S. K. Siddells for two of the beneficiaries, and Mr L. Laurenson for defendant. The terms of the order made were:—■ (1) That plantiff’s annuity under tho will be maintained at £lB2, and that it be paid in monthly instalments. (2) That for tho maintenance of the annuity defendant may have recourse to either capital or income in the estate.

(3) That the balance of the pecuniary legacies payable under the will be paid to Alexander Gill and Eliza Newport forthwith, without deduction.

(4) That the payment of 10 per cent of the amount of the legacies payable to six other pecuniary legatees, 'William Edward Gill, Ernest Gill, Lucy Gill, Daisy Gill and Mabel Gill, and 10 per cent of the bequest to Ettie McLean, one of the specific devisees named, be postponed, tho amount to be retained, it necessary, by defendant to maintain plaintiff’s annuity. (5) That such postponed money, when not required, shall be divided pro rata among these legatees. (6) That the postponed 10 per cent, to Ettie McLean be interpreted to mean that her right to call for tho transfer of a certain mortgage on tho payment of £IOOO to the estate shall now be on the payment instead of £1295 Is 6d, the £295 Is 6d to be retained by defendant. (7) That the balance of each of the legacies payable to the other legatees be paid forthwith. (8) That tho devise to the children of Margaret Findlay, and the bequest of personalty and devise of the life interest to plaintiff as provided under the will, shall stand. An order was made for the payment out of the estate of costs amounting to £26 ss.