INTERPRETATION OF WILL.

New Zealand Herald, Volume LXII, Issue 19149, 15 October 1925, Page 15

INTERPRETATION OF WILL.

MOTHER'S BEQUEST TO SON. An originating summons for interpretation of the will of the late Mrs. Eliza Ann Brown, of Auckland, came before Mr. Justice lierdman in the Supreme Court yesterday, in a suit brought by Frederick Brown (Mr. C. 0. Mahony), with F. C. Pace, executor of the will, (Mr. Goulding), as defendant. ' Under the will, Mrs. Brown left her whole estate to her husband, Sidney Brown, for life, or until re-marriage. A codicil was subsequently executed, by which she specifically devised to her son, the plaintiff, two sections at Avondale, with the condition that he should pay interest in respect of any mortgage over her dwellinghouse, but without releasing the life tenant from his obligation to pay such interest. The questions submitted to the Court were: Whether the Avondale land was so given to plaintiff as to vest in him at the time of testator's death, or whether it was given subject to Mr. S. Brown's life estate; also, was the nature of the condition relative to the liability for interest affecting the plainiiff in the nature of a personal obligation, or that of a charge on the land. His Honor held that the testator intended to give her son the fee-simple of the Avondale sections, imposing on him a personal liability with respect to the payment of interest on the town house.