INTERPRETING A WILL.

New Zealand Herald, Volume L, Issue 15306, 20 May 1913, Page 9

INTERPRETING A WILL.

INCOME TO ACCUMULATE. W' '■■'•■ ' '.'"■••'-■' '.■'■''■■•''■,' -... ■ ' : ' ■..•". •" ■ 1 [by. telegraph.— press ASSOCIATION'.] WE-xn-GTON',- Monday. . Mr. Justice Chapman delivered reserved judgment in the Supreme Court to-day in. V, :an originating summons, in which a question had been submitted to the Court in connection with the will of the late J Daniel McGregor. The Public Trustee was the plaintiff, and Mark Johnston, of New. Plymouth, and Alex. G. Brett, of Parnell, defendants. ■I-&; Hi 3 Honor held (a) that, the capital was ' to be held till the death of Duncan Hesry McGregor, for . the benefit of any children he might possibly have if he married in ~ . the future ; (b) that the income was to be accumulated as accessory to the capital , funds for the benefit of such persons as ultimately came within the description of - ; the class, and showed themselves thus entitled. Such accumulations run only i": for 21 years from the forfeiture of income, . " that being the period allowed by the Theliusson Act of ,1800. Costs of both parties were allowed out of the estate. ; Mr., Mac Donald (solicitor to Public Trust ;, Office) appeared for plaintiff, and Mr. v 3£ifAlexander Dunn for the defendants.