YOUNG GIRL'S LEGACY.

New Zealand Herald, Volume LX, Issue 18577, 8 December 1923, Page 9

YOUNG GIRL'S LEGACY.

QUESTION OF ITS AMOUNT.

FARMER'S HOME-MADE" WILL.

The amount of a little girl's legacy was involved in a phrase in a " home-made" will, interpretation of which was sought in the Supremo Court yesterday before Mr. Justice Reed. The will, drawn up by testator himself, was that of John Gates Hyland, a retired farmer, who died last July, and the child concerned was testator's six-year-old grand-daughter, and adopted daughter, Betty Berenecia Hewitt Hyland. The plaintiffs were the executors under the will, David Thornton Hyland, a son of testator, and Allan Roy McCrae (Mr. W. A. Black). Mr. Towle appeared for the guardian of the girl. The action was of a friendly nature and the other beneficiaries in the estatetestator's widow and three daugh—were not represented, it being intimated that they would abide by the finding of the Court. The estate was valued at about £11,000 It was explained that, in his will testator gave £3 a week to his widow for life, and after making a number of specific bequests, concluded by giving to his grand-daughter " the Bum of £2000, more or a less, after all other claims have been paid." '.the principal question to be decided was whether the amount which was to go to the grand-daughter included the moneys which would have to be set aside to provide the widow's allowance. The total amount involved was about £4000.

Mr. Towle submitted that the testator's intention, from the wording of the will, was that the grand-daughter should take the residue of the estate and that the trustees should sot aside a sura sufficient by its income to provide £3 a week for the widow, upon whose death, it was contended, the grand-daughter would take t'ne capital of such sum. Mr. Black said that so far as the trustees and the adult beneficiaries were concerned they were prepared to enter into a family arrangement to give effect to the will in accordance with the contention of counsel for the guardian of the child. On His Honor's suggestion the matter was stood over to enable an a: rangement to be entered into on these lines, and submitted to the Court for approval.