WILL BEFORE COURT.

New Zealand Herald, Volume LXVII, Issue 20623, 23 July 1930, Page 17

WILL BEFORE COURT.

MEANING OF " ALL MONEYS."

WAIKATO FARMER'S ESTATE.

DIFFICULT LEGAL POINT.

[BY TULEGRAFH. —OWN CORRESPONDENT.] HAMILTON, Tuesday.

Tlio question whether "all moneys" in an estate, or the whole of the residuary realty and the moneys should ho received by Dr. Barnardo's Homes, London, was the point at issue in an originating summons which was brought before Mr. Justice Herdman in the Supreme Court at Hamilton to-day, for the purpose of interpreting tho home-mado will of the late Mr. Thomas Harry White, farmer, Waingfl 10.

Deceased died on November 2, 1929, and left an estate, consisting largely of farm property and buildings, and a motorcar, valued at £7OOO. Bequest to the Homes. Ho made a will on October 11, 1929, which was worded as follows:—"I give, devise and bequeath to my wife, Esther Mary White, the sum of one thousand pounds (£1000) cash. Also life interest on tho balance of my estate. To Kenneth Etheririgton, one silver tankard in my possession. To my sister, G. Etherington, my mother's photo; Mrs. Kelly, father's photo; Arthur E. Wilson, my gold watch. Upon the death of my wife all moneys 1 bequeath to Dr. Barnardo's Homes, London. I appoint Patrick Feeney, of Ngaruawahia, and Arthur E. Wilson, of Wainga.ro, my trustees and executors." The will was witnessed by R. Darrow and D. C. Bartlett, of Waingaro.

Mr. P. feeney made the application for an interpretation of the will on behalf of the. trustees, and said he would abide by the decision of the Court. Mr. J. Hogbcn appeared for the widow, Mr. J. Gordon and Mr. J. F. Strang for the next-of-kin other than the widow, and Mr. R. J. Loughlin for the residuary legatee, the New Zealand trustee for Dr. Barnardo's Homes. Argument on the Law. The case resolved itself into a legal argument as to the meaning of the words "all moneys" mentioned in the will, and whether Dr. Barnardo's Homes should receive the whole of the residuary estate or whether that portion of the will relating to the bequest was void. Mr. Loughlin said the testator could not possibly have meant cash when he bequeathed his wife £IOOO. as he possessed only £4OO in cash, and the securities he had held would have to be realised.

His Honor said there would probably be no dispute that if cash represented moneys only there would be an intestacy. All Hie counsel eoncurrod in this. Ilia Honor said he would order the costs to be paid out of the estate, as the litigation was due to the testator's own fault.

Tlie case, hp added, was a difficult one, and lie would take time to consider it.