INTERPRETATION OF WILL.

New Zealand Herald, Volume LXVII, Issue 20600, 26 June 1930, Page 13

INTERPRETATION OF WILL.

ESTATE OF A MAORI, JUDGMENT OF FULL COURT. [BI TELEGRAPH. —PRESS ASSOCIATION.] WELLINGTON. Wedneada-. The judgment of the Full Court in the case in re Taars Waitara. deceased, heard on March 21, was delivered by the Chief Justice, Sir ifichael Myers, yesterday. The Court held that it had jurisdiction to interpret the will in question, and that it was its duty to do so. With regard to the first question, whether, since the death of Henry David Bates, half-brother of deceased, one-eighth of the income need be paid to deceased's widow, Perene te Whiti, the judgment held that it should be answered in the negative. Secondly, after the death of Henry David Bates this share falls into the " rest " of the income and is divisible among the persons named in the wilL The Court held that it- was unable, cn the facts before it, to answer tee third and last question, relating to the next-of-kin, which should be disposed of on an originating summons. Mr. Justice Smith, while agreeing that the Court, had jurisdiction, dissented from the remainder of the judgment of the Court. Costs are to be tajced and paid cut of the estate.