EXECUTORS' LEGACIES

New Zealand Herald, Volume LXXI, Issue 21916, 27 September 1934, Page 14

EXECUTORS' LEGACIES

REMUNERATION QUESTION JUDGMENT OF COURT [BY TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Wednesday Four of the executors and trustees of the will of the late Sir Donald McLean, of Napier, were plaintiffs in a case in which the Chief Justice, Sir Michael Myers, gave a reserved judgment today. The question for determination was whether the executors, by taking payment of legacies left them by testator, had become disentitled to any allowance or remuneration for their pains and trouble beyond the amounts of tho legacies. The plaintiffs were Matthew Alexander Conway, Guy Newcomb, George Wood and Henry Gascoyne. His Honor held that they had not, by taking payment of their legacies, become ipso facto disentitled to apply to the Court for further remuneration. His Honor concluded by saying that he was not asked to determine, however, nor had he before him material necessary to enable hiin to express an opinion, whether the circumstances of the case were such as to entitle the executors to further remuneration; but, if they applied for such further remuneration and failed, they would incur the risk of perhaps having to pay all costs of all parties in connection with such application.