A FARMER’S WILL.

New Zealand Times, Volume LXXV, Issue 5009, 6 July 1903, Page 5

A FARMER’S WILL.

QUESTION OF INTERPRETATION. On Saturday the Chief Justice gave judgment on the application by Christina Cockbum for interpretation of the will of, her late husband, Alexander Cockburn, who lived at Pourewa, near Ma*rton, and was engaged as a farmer. The matter was argued in Chambers on the 27th ult. and reported in the "Times'* of the 29th ult. . His Honor dealt with the terms of the will at some length and cited authorities bearing on the case. He was of opinion that the life estate granted to the widow had not been destroyed and that she had a_ life estate, subject only to its being divested on re-marriage; and h© was of opinion that the other provisions of the will only operated on such re-marriago. There was no disposition of the propertyafter the wife's death, and, as to the pro--perty then, there ’was an intestacy. He answered the questions put in the summons as follow: (1) The widow is entitled to a life estate only. (2) She is not entitled to the corpus of the estate, or any part thereof. (3 and 4) She is not a trustee for anyone save hers-elf, and, as life tenant she is to manage the pro*perty. (5) Robert Cockbum {has no greater rights than an executor has. (6) The sons and daughters have no interest under the will unless on the remarriage of their mother. (7) There is no power under the will and under the circumstances for the plaintiff or the executor to soil tho land. Ho had not considered whether there -was power to sell under the Settled Laud Act, 1886 Costs would be widow, and • .£6 6s to each of the other parties, to be paid out of the estate; also disbursements.