DISPOSAL OF BEQUEST.

New Zealand Herald, Volume LXVII, Issue 20641, 13 August 1930, Page 15

DISPOSAL OF BEQUEST.

VAGUE CLAUSE IN WILL. AIDING INDIGENT GENTLEWOMEN * .. THREE SOCIETIES TO SHARE. The disposal of a charitable bequest of £SOO mado in the will of Miss Isabella Campbell, of Remuera, who died on March 27, 1929, was decided yesterday in a judgment delivered by Mr. Justice Smith. The money is to bo divided in equal shares among tho Auckland Ladies' Benevolent Society, tho Salvation Army Eventide Homo, Auckland, and the Mary Ann Barstow Trust.

Tho testatrix, in a will duted May 27, 1922. made a bequest of £SOO to "any association in the City of Auckland established for tho maintenance or relief of indigent gentlewomen that may be in existence at the time of my decease." Tho trustees were in doubt as to tho validity and destination of this bequest, and by originating summons the Court was asked to determine whether: —(a) The bequest was a valid one; (b) if valid, to which ono or more of several claimant associations and charitable institutions did it pertain; (c) if invalid, did it fall into residue; (d) was the case ono in which the executors should submit a scheme for tho distribution of tho trust cy-prcs. General Charitable Intention. The hearing took place on December 11, 1929, and on Juno 24 last, an order having been mado in the interim for tho joining of the Attorney-General as a party. "As to the first question, whether the bequest is a valid one, I think that tho bequest is too vague and uncertain to constituto a valid bequest," His Honor said, in giving judgment. "I am of opinion that tho testatrix intended only one association to take, and I think that tho gift cannot be construed as a gift to any and every association of the kind mentioned.

"It follows, then, that the gift will fait and fall into residue unless tho gift is charitable in its nature, and tho testatrix has evinced a general charitable intention as to enable the Court to apply it oy-pres. I am of opinion that this gift is charitable in its nature, and that the testatrix has evinced a general charitable intention. In the result, the gift must be applied cy-pres. Further Inquiry Unnecessary. "As the legacy is held upon trust, tho Court has authority to direct an inquiry in Chambers to settle a scheme. There has, however, been an exhaustive inquiry for claimants in the City of Auckland, they have been represented by counsel, and tho Attorney-General has been heard. As a result, tho trustees of the will have suggested that, in the event of a distribution cy-pres, the legacy should be divided between tho Auckland Ladies' Benevolent Society, the Salvation Army for its Eventide Home, Auckland, and the Mary Ann Barstow Trust, Auckland; and the At-torney-General has approved such a scheme. "Upon the evidence, I agree with the scheme proposed. In my opinion, further inquiry is unnecessary", and there will be an order accordingly that, subject to tho deduction of the costs to lie allocated to the fund, the fund will be divided equally among the three above-mentioned institutions." His Honor directed that the costs of all parties should be taxed by the registrar as between solicitor and client, and paid out of the residuary estate, save as regards a limited portion of the costs of the trustees of the will and of the Attorney-Gen-eral, which will be paid out of the fund. Liberty to apply as to any question concerning the allocation of the costs of the trustees and of tho Attorney-Geneial was reserved. , the hearing in June Mr. Elliot appeared for the trustees, Mr. Weir for she residuary legatees, and Mr. Meredith for the Attorney-General.