AN OLD WILL

New Zealand Herald, Volume LXXV, Issue 23023, 28 April 1938, Page 6

AN OLD WILL

PEOBATE 38 YEARS AGO INTERPRETATION BY COURT CHILDREN SHARE EQUALLY Questions of tho interpretation of a will made in 1801, probate of which was granted 38 years ago in February, 1900, were raised before Mr. Justice Fair in the Supremo Court yesterday. The will was that of tho lato Abraham Hobson, who left his estate, then valued at £1296, to his widow and his issue. The widoAV acted as though tho property were wholly her own. but after her death last May, tho New Zealand Insurance Company, as executor of her will, was faced with a question of interpretation. Tho estate of tho widow, Eliza Mary Ellen Hobson, was valued at £GBS.

Mr. Herman appeared to represent tho plaintiff, tho Now Zealand Insurance Company, Mr. Henry for two unmarried daughters of tho testator, Ida Evelyn Hobson and Grace Gertrude Hobson, Mr. Newbery for Mrs. Jessie McDonald Hobson, of l'apakura, widow, and Mr. S. Tt. Mason for Mrs. Mary Bridget McGuire, of Tuakau, Mrs. Annio Susan Bromfield, of Sydney, and Mrs. LiUah Hobson, of Wellington, widow, daughters or daughters-in-law of tho testator. The questions for determination woro what shares or interest the widow and tho children had in tho testator's estato. Mr. Herman said if tho estato had been wholly tho widow's then the two unmarried daughters, represented by Mr. Henry, would take all under her will. If it was not wholly hers then they would only sharo with other members of tho family.

Mr. Henry said it must bo conceded that the gift was to tho issue as well as to tho wife. If that was so ho submitted that the widow and tho issuo took as joint tenants. Mr. Mason and Mr. Newbery generally associated themselves with Mr. Henry's arguments. His Honor said ho thought tho construction submitted by counsel and agreed upon by them was tho correct one, and that tho widow took a joint interest with her seven children in the wholo estato. The children of tho testator wero entitled to share equally in tho widow's estato as joint tenants. He made an order accordingly.