INTERPRETATION OF WILL.

New Zealand Herald, Volume LVIII, Issue 17846, 29 July 1921, Page 3

INTERPRETATION OF WILL.

COURT SITS IN EVENING. JUDGE THANKED BY LAWYERS. An application for-the interpretation of the will of the -late Clara Baxter, of Whangarei, was made before Mr. Justice Salmond in the Supreme Court on W;eduesday evening. The pfriintiff was Lionel W 7 . Baxter, who was represented by Mr. John Alexander, Mr. A. H. Johnstone appeared for the Public Trustee, who j represents qeitain relatives in England, and Mr. Bagnall for Dr. W. W. Baxter, of Whangarei. Counsel for plaintiff contended that the will left the residue of the estate either to a class all of wljom had to attain 25 years of age, or if not, to two sons who took vested shares on the death of the testatrix, and in the event of either dying in the lifetime of the testatrix, the share of that son was to go to his children. Mr. Johnstone contended that the condition as to the attainment of the age of 25 years applied to both the sons and t to their children, and that as one s6n had died before reaching the age of 25 his - share under a later clause should go to the brothers and sisters of the testatrix. Judgment was reserved. Sir John Salmond, who had consented to sit in the evening to hear this case, after having been on the bench from 10 a.m. till after 6 p.m., was thanked by the counsel concerned for taking the case after a long day. It was stated that the judges were over-worked, but they did not receive " overtime."