WORDING OF A WILL.

New Zealand Herald, Volume LXVIII, Issue 20991, 30 September 1931, Page 12

WORDING OF A WILL.

interpretation by court. OWNERSHIP OF SMALL FARM. A judgment interpreting the will of William Jennings, who died at Ramarama in May, 1897, was given yesterday by Mr. Justice Smith. Tlio question for the Court to decide was whether, aft or certain provisions had been made by the deceased s will and codicil, the property reverter! to a son, Henry Jennings, upon tho death of testator's widow. Henry Jennings had since died, leaving a wife and three children. His Honor said that in bis opinion the words of tho will were sufficient to pass all the property to Henry Jennings, who died in 1920, subject to the life interest of testator's widow. The restriction on Henry Jennings as to the power of disposition was inoperative as a trust, because it imposed no obligation upon liiin to sell. Henry Jennings took a vested interest at the death of testator, and his representatives could now claim the property absolutely. Tho property consists chiefly of 24 acres ol unencumbered land valued at £1175. The. plaintiffs, four sisters of Henry Jennings, were represented by Mr. Jacobsen. Mr. Pose appeared for the widow of Henry Jennings, who was a defendant, and Mr. A. 11. Johnstone for the Public Trustee.