INTERPRETATION OF WILL.

New Zealand Herald, Volume LVII, Issue 17450, 21 April 1920, Page 8

INTERPRETATION OF WILL.

DECEASED LEGATEE'S SHARE

SUPREME COURT RULING.

The judgment of Mr. Justice Cooper was given in the Supreme Court yesterday in the case of Fortunita Durand v. Mary and Ivy Durand, in which was sought the interpretation of the will of James Edward Durand; of Opotiki, who died in 1913.

In reviewing the facts His Honor said the testator appointed his widow executrix and trustee of the estate, bequeathing to her, until her death or re-marriage, all his real and personal estate, subject to certain trusts. One of these was to pay £600 to deceased's son on his reaching the age of 25 years. The 6on died when six years old, one year after his father's death, and the question for decision was how the legacy of £500 payable at the age of 25 years was to be treated. It had been contended by Mr. Byrne, for the plaintiff, that the money became vested in the son upon his father's death, and was therefore part of the son's estate. That view was also held by Dr. Fitchett, the Public Trustee, who, however, considered the £500 should not be deducted from the testator's estate until the year when the son would have been 25, had he lived. His Honor did not agree that the legacy became vested in the son at his father's death, but said it was only conthe child reaching the age of 25. In regard to the son's interest in the residue of the estate, of which he was entitled to one-third, in the event of his mother dying or re-marrying. His Honor ruled that that passed, with the legacy of £500, which now formed part of the residuary estate, in equal shares to his mother and his two sisters, share and share ' alike.