WOMAN'S BEQUEST

Manawatu Standard, Volume LXV, Issue 20, 21 December 1944, Page 3

WOMAN'S BEQUEST

(Press Assn.) AUCKLAND, Dec. 20. The conditions attached to a bequest of approximately £2OOO, specifying the name and religion of the 'legatee under the will of Mrs Clara Biggs, of Wellington, were declared invalid by His Honour Mr Justice Callan in a reserved judgment. Testatrix, who died in December, 1927, left the residue of her estate, now valued at about £2OOO. to her grandson, Lancelot Raymond Adams Schneider (Mr Johnstone, K.C., and Mr Burt), provided lie adopted the surname "Adams" and that he was an adherent of the Church of England. J'he Public Trustee, as executor and trustee (Mr Ryan), asked for a ruling of the Court whether the condition regarding the adoption of the surname "Adams" and adherence to the Church ol England were void for uncertainty. Mr Stanton represented eight persons mentioned in the will who were to benefit should the conditions be valid and not be fulfilled by the grandson. J'he surname of the legatee at birth was Adams and during his mother's lifetime he was baptised in All Saints' Anglican Church, Kilbirnie, Wellington. After his mother's death he was legally adopted by a married couple named Schneider. Mrs Schneider being his father's sister. He was brought up by Mr and Mrs Schneider in association with Christians known as the "Open Brethren" and had continued in that association to the present time. "It appeals that, tlio solo question for determination is whether the condition as to being an adherent of the Church of England is void for uncertainty," _ the judgment paid. "In my opinion it is.' I am content to say that it k void if it is impossible to tell from reading it what the testatrix has required her grands.n lo do It is impossible, in my opinion, to sav what is an adherent of the Church of England " The question put whether the condition rcfemnp- to the said Lancelot Raymond Adam? Schneider adopting the surname "Adams" was vo'd for uncertainly was answered in the negative and he had satisfied the condition. The judgment continued that the question referable to the said Lancelot Raymond Adams Schneider being an adherent of the Church of England was void for uncertainty and the Public Trufeteo must hold the residuary t'State in trust frr the said Lancelot Raymond Adams Schneider. All parties were entitled to costs out of the estate.