INTERPRETATION OF WILL

New Zealand Herald, Volume LXI, Issue 18897, 20 December 1924, Page 14

INTERPRETATION OF WILL

BENEFITS TO FAMILY. JUDGE'S RULING GIVEN. Reserved judgment was given by Mr. Justice Stringer in the Supremo Court yesterday in an originating summons to determine certain questions which had arisen as to the construction of the will of Andrew James Guy, deceased, farmer, of East Tamaki. Tho plaintiffs wero Alexander Keys and Albert Edward Cryer (Mr. Bell), and the defendants were the children of the testator, William John Guy (Mr. A. H. Johnstono), Maude Elizabeth Fe.arnley, and' Rose Evelyn McLaren (Mr. Endean). Mr. Meredith appeared for tho Public Trustee. The will provided that after certain legacies had been bequeathed, the trustees were to convert the estate into money and to hold the money in trust. One half of the trust moneys were to bo invested, tho income to be paid to the testator's wife for life.

His Honor said it was clear that each child living at the testator's death took a vested interest, which, however, was liable to be de-vested if he or she should dio before the period of distribution, viz., the death of the life tenant. His Honor also held that the will provided that the residue of the estate referred to should be immediately divided, on conversion, in equal shares between the children surviving at the time of his death. Where the meaning of the word "issue" was disputed, His Honor held that tho word applied to all lineal descendants of the testator.