THE AMBIGUOUS WILL.

New Zealand Herald, Volume LXI, Issue 18763, 17 July 1924, Page 7

THE AMBIGUOUS WILL.

Sir,—As my name has been mentioned in the corntspondenco relating to th< above, it appears a duty to Btato mi knowledge of the facts. In the first pkc4 Mr. Bond's mind was perfectly clear oa the occasion when he consulted rue. In the second place I described the locality and gave particulars of the operations of St, Mary's Home, Otahnhu, and tha Orphan Home, Papatoetoa. There was no doubt whatever he wished to leave the bequest to the latter. I pointed out the possibility of a mistake in tho interpretation of the will: strictly speaking Orphan Home, Otahnhu," did no'i fit either institution, tho Women's Homa at Otahuhu never has been so designated. He thanked mo for the information and said ho would see his lawyer and hive ii) made quite clear. Unfortunately before this was done he passed away. E. C. Bcbd.

Sir, —When Archdeacon Mac Murray saw fit to writs his first letter to th« Hns.VLD commenting upon tho conduct of tho application for the interpretation of Mr. Bond's will, ho did so without a full knowledge of the facts, and particularly without knbwledge of the Rev. Mr. Budd's affidavit. Tho object of my reply to his letter was to explain tho full facts which has now been done, and the Rev. Mr. Budd's affidavit made known. Irf spite, however, of this affidavit, Archdeacon Mac Murray still appears to remain unconvinced. The position, therefore, is this:— On the one hand wo have tho Archdeacon's statement that " somo years ago" Mr. Bond expressed to the Archdeacon his admiration of the splendid work done at tho St. Mary's Home, which remark was, no doubt, mado. On the other hand we have the Rov. Mr. Budd's sworn affidavit- relating to a conversation with special refereaco to tho will and the object of the testator's bounty, which conversation took place a few weeks before Mr. Bond's- death, and when, according to the Rev. Mr. Budd, tho deceased made it, porfectly plain that he intended his bequest for the Church of England Orphan Home at Papatoetoe. With all respect to the Venerable Archdeacon, I venture to say that under tho circumstances any ordinary person, be ho layman or lawyer, approaching the matter with an open mind, would accept, as an indication of what the late Mr. Bond intended, tho specific sworn statement of tho Rov. Mr. Budd in preference to the casual expression of admiration of the work of the other institution as related by the Archdeacon. Having placed the full facts before the public and endeavoured to remove the wrong impression liable to bo created by the Archdeacon's first letter, I do not propose to pursue the matter further. If, m spite of tho Rev. Mr. Budd's affidavit; Archdeacon Mac Murray still considers that there has been what he is pleased to term " a grave miscarriage of justice," I suggest that he take whatever he may deem to bo the appropriate remedy against the parties considered by him to be responsible; but it does not appear to me that anything is to bo gained by pursuing this correspondence further. R. P. Towle. July 16, 1924.