A WILL CASE

Nelson Evening Mail, Volume LII, Issue 164, 9 July 1918, Page 6

A WILL CASE

DESTINATION OF LEGACIES. The judgment of Mr Justice Chapman in the case of Percy George Hawkins and C F. Saunders, executors of the will of James Dall, v. John Dall and oth rs, was delivered by the Deputy Registrar at the Supreme Court (Mr J. Fitz-Gerald) this morning. .This was an. cftiginatdng summons to determine the destination of two legacies. The residuary estate was left to two local charities, the Nelson Hospital and Charitable Aid Board and St. Andrew's Orphanas . The testator had left a legacy to h\s sister Sarah, and providing that if she were deceased the amount was to b - divided amongst her sister, Elizabeth's daughters. The wher abonts of Sarah could not be found and she had not been heard of for many years; '; hut Elizabeth's daughters had been trac d. His Honour held that the executors were entitled to treat Sarah as having cli d before the testator. The deceased had left another legacy to hio nephew "John Dall" of Great Yarmouth, -England. He Tiad a nephew Charles Henry Dall who lived at th> stated address and that" nephew had a •=<m, John William Dall living with his father. Deceased had corresponded with Cbarl » Hf»nry, addressing him as "ojear Nephew," and he knew Of the existence .of his grand-nephew John. His Honour said a man commonly nef-rred to grand-:neph(/ws as nephews, and that most people referred to a man by the Christian name he habitually used. The lgacy must therefore be paid to John Willia.n Dall.

The .solicitors for the executors were M ssi-s Maginnity. Son and Houlker, and for John William. Dall, Messrs Glasgow. Hayes, and Rout.