RIGHTS OF A WIDOW.

New Zealand Herald, Volume LIX, Issue 18040, 15 March 1922, Page 9

RIGHTS OF A WIDOW.

WILL AND ITS MI-ANING.

DECISION IN HER FAVOUR. A will casij came before Mr. Justice Herdman in the Supreme Court yesterday »fternoon, in which Mrs. Rachel Cathsrine Belcher, of Avondale, widow (Mr. Luxford), wan plaintiff and the Guardian IYust and Executors Company (Mr. Brookfield) wa s defendant. Mr. Luxford stated that the deceased, who died nearly 30 years ago, left a valuable estate, which had been the subject of previous litigation. The will provided that the trustee should allow Thomas Belcher, jtm., to occupy, during his natural life, free from taxes andj liability for repairs, 11 acres at,Avtm.| dale, and upon his death to hold the ( same or its converted value for Thomas 1 Belcher, jun.'s, widow, during her life and after her death for Thomas Belcher, jun.'s, children, in equal shares. Counsel explained that Thomas Belcher, jun., died nearly 20 year 8 ago, and the trustees continued paying the rates until a tar, years ago, when they contended that the exemption contained in the will did not extend to the widow. The latter now: asked the Court whether the rates, taxes, | and repairs in question should not be: paid out of the residuary estate of Thomas Belcher, sen., deceased. Mr. Luxford submitted that there was one gift to plaintiff's husband and to herself, namely, a life interest in the property ; free from liability for outgoings | Mr. Brookfield contended that the gifts to husband and wife were separate, and therefore the plaintiff as life tenant wag personally liable for taxes and re-1 pairs. He further contended that the words of the will were clear and unambiguous, and that therefore they must be construed according to their ordinary meaning. The word "same" referred only to the land and not to the special exemp-• tions given to the husband. Even if the widow was personally exempt, the outgoings should come out of the Avondale land and not out of the residuary estate. His Honor held that there was a clear gift to the plaintiff's husband of a life interest free from liability for taxes and repairs—after his death the plaintiff was to have the same. The testator having specially exempted the life tenants from these liabilities, they became debts in the estate, and should be paid in the ordinary way out of the residuary estate. He made an order accordingly, also that the costs of both parties as between solicitor and client be taxed by the registrar and paid. out of the testator's residuary estate. |