UNFULFILLED LEGACY.

New Zealand Herald, Volume LXV, Issue 20130, 15 December 1928, Page 15

UNFULFILLED LEGACY.

PROCEEDS FROM PROPERTY.

SALE MADE BEFORE DEATH. 4 COURT UNABLE TO INTERFERE. A formal interpretation of disputed provisions in the will of the late Elizabeth Marsden Bedggood, a pioneer settler of Springbank, Kerikeri, Bay of Islands, was given by Mr. Justice Blair in the Supreme Court yesterday. The testator died on July 13, 1926, and her will contained bequests to her fosterdaughter, Mario King, of proceeds of the sale of property and two legacies of £SO. The balance of the net proceeds remaining were to be paid to the trustees of St. John's College, Auckland, as an addition to the John King Scholarship Fund and there were various legacies payable out of the general residuary estate. The will was dated March, 1922, and in April, 1924, the testator sold her estate at Kerikeri to her nephew, George 8j Bodggood, for £BOO, of which £l5O was paid in cash and the balance secuf-ed by mortgage. The question for decision was whether the bequests of the net proceeds of the sale of the Kerikeri property had been adeemed or failed wholly or in part.

His Honor said the sum of £l5O was not traceable, because it had been mixed up with other moneys It was clear the legacies were specific. The rule was that if at the death of the testator he had no property answering the description given the legacies failed. The answer to the first question in the summons was thai; the bequests of the proceeds of the sale of Springbank had been wholly adeemed* The parties were directed to confer about costs and to submit their views to His Honor later.

Mr. J.- B. Johnston appeared for thq Public Trustee as trustee of the will, Mr* Northcroft for the Public Trustee as adminstrator of Marie King's estate, Mr. Cocker for the St. John's College Trust Board and Mr. West for other beneficiaries. ~