GRANDCHILDREN'S RIGHTS.

New Zealand Herald, Volume XLVII, Issue 14327, 24 March 1910, Page 5

GRANDCHILDREN'S RIGHTS.

• CONSTRUCTION OF A WILL. • ' \ :■ , ' .. • ■ [BY TKLEGRAPB. —PRESS ASSOCIATION'.] ' , Wellington, Wednesday. The Chief. Justice (Sir , Robert Stout) has delivered judgment in the case Alfred i John . Litchfield and . others v. Charles Manby Walker and others, which concerned the construction of . the will 'of Thomas Carter, sheepfarmer, 'Marlborough, . who died on March 27, 1900, leaving an estate valued at „ over, £149,000. His will provided that after making provision for his wife and adopted -daughter, the remainder of the income ,was to bo divided. amongst grandchildren born in testator's lifetime, and still .alive, those born in testator's lifetime and now dead, and those born since the death of testator. The question was whether the representatives of the deceased grandchildren were entitled, to a share ,in the income; and f whether the . grandchildren "born since testator's death also were • entitled to a share in the income. Regarding the grandchildren born after the death of the testator, His Honor said that, these three ; grandchildren could not benefit under the will. . The other point. raised was whether the representatives of the grandchildren who were alive at testator's death, but have died subsequently, were entitled to ■ benefit. His Honor considered that they were so entitled. . .