WILL CASE APPEAL

New Zealand Herald, Volume LXX, Issue 21466, 13 April 1933, Page 14

WILL CASE APPEAL

COURT RESERVES DECISION [BY TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Wednesday The hearing was concluded in the Court of Appeal yesterday of the appeal involving the estate of the late Hon. William Barnard Rhodes. The Court was asked to determine whether the tying-up of Mr. Rhodes' estate, under a. will made in 1878, vested property in estate tail in tho late Cantain W. B. R, Rhodes Moorhouse, V.C., who was killed in action in April. 1915, and, consequently, which at his death became vested in his only son, W. H. Rhodes Moorhouse, an infant, born in March, 1914. The case was heard before Judges of the first and second divisions of the Court. The Court of Appeal at the previous hearing last year decided that th'e interests of Captain Rhodes Moorhouse failed because he died before his mother. In tho present hearing it was argued that Captain Rhodes Moorhouse's interest was vested in him. Addressing the Court this morning Mr. Evans, counsel f for the children of Mrs. Linda Rhodes-Moorhouse, submitted that tho previous decision .of the Court of Appeal had no application in view of the circumstances in tho present action being very different. Tho Court reserved decision.