CODICILS TO A WILL.

New Zealand Herald, Volume LXVII, Issue 20599, 25 June 1930, Page 9

CODICILS TO A WILL.

FORMER DOMINION RESIDENT* LEGAL EFFECT DECIDED. [SZ TELEGRAPH.—TBXSS AS3OCU33OX. J V TrELLESTGXCy, Tuesfia7Xho Court cf Appeal to-day delivered judgment in the case of Charles Cockbura Hood Shaplnnd, deceased. Tha judgment of the Court was delivered by the Chief Justice, Sir ijichael Myers. With regard to the first question, for tha opinion of tha Court, the judgment held that testator intended to say that upon the death cf his wife, provided sha outlived him, he left Benson Cockbura Hood £2OO. and that, in the opinion of the Court, this portion of the codiril must be construed as giving an annuity of £IOO during Benson's life, and a lump sum of £2OO ~in addition on the death of tha widow. With regard to the second questicn, th® Court held that tho codicil contained no reasonably dear revocation of the gift to the children, and that the retention of the gift to tie children was not inconsistent with the codiciL Costs are to ba taxed by the registrar and paid ant of the estate.

The questions arising under the will o£ the Lite Charles Edward Cockbnrn Hood Shapiand, formerly of Masterton, who died in England in 1226, were:—(lJ Whether the sum cf £2OO bequeathed by the fifth codicil cf the will cf "deceased in favour of Benson Cocktinm Hood, a nephew of deceased new in England, means a sum of £2OO a year, o? a singl» sum of £200; (2) what is the effect of these wcrds in the said fifth codicil: "I revoke my previous will entirely with regard to my nephew, Benson Cockbuni Hood, made in Mast art on, N«w Zealand," upon the interests bequeathed by th® said will to tha children of Benson Cock* bum Hood."