HOME-MADE WILL.

New Zealand Herald, Volume LVII, Issue 17460, 3 May 1920, Page 6

HOME-MADE WILL.

INTERPRETATION ISSUE.

JUDGE CRITICISES WITNESSES.

The trustees under the will of the late Mrs. Hunter Mason (Mr. Inder) made application to Mr. Justice Sim in the Supreme Court on Friday for an interpretation of the terras of the will of the deceased. Dr. Fitchelt appeared for the Public Trustee, representing some of the beneficiaries. The will was " made," involving property in Queen Street, on the lower side of the Auckland Savings Bank, valued at over £20.000. His Honor said he was astonished that a solicitor and a law clerk should be witnesses to a will of such a nature The object of the originating summons j was to obtain the decision of the Court upon the effect of seven clauses in the will, which practically comprised the whole document. The income from the property was to be divided equally between six children, but nothing was said about the disposal of the capital. Another point raised was that in the event of any child dying, certain steps were to lie taken, but there was no indication as to whether the clause referred to death before or after the death of the teMatox. One of the beneficiaries died before his mother. Legacies to two sons were not to be paid till they reached the ago of 50, but no reference was made as to what was to be done with the money in the meantime.

His Honor decided that there should ho an immediate distribution oftho properly; that they took shares of the corpus in : the same proportions, that is. equally, as i they were receiving the income according to the will. Those who were supposed to receive their shares at the age of 30 wero j entitled to them immediately. Certain of the beneficiaries were given bequests under the will, but the same bequests I had already been given to another bene i ficiary.