COURT 0F APPEAL

New Zealand Times, Volume XXXI, Issue 6872, 16 July 1909, Page 8

COURT 0F APPEAL

THURSDAY, JULY 15. (Before their Honors Justices Williams, Edwards, and Cooper.) A WILL CASE. The Court commenced the hearing of an appeal against a decision given by Mr Justice Chapman concerning the construction of the will of James Alexander, of Wanganui, deceased. The appellant was Alexander Alexander, and the respondents Elizabeth Alexander, Ewon Alexander Campbell, and Thomas Low. Messrs Martin Chapman, Xv.O., J. H. ilosking, K.C., and Brown appeared for the appellants, and Mr Hutton for the respondents, Mr Barnicoat for Elizabeth Alexander, Mr G. Hutchison for the nephews and nieces in New Zealand, and Mr Gordon for the nephews and nieces out of New Zealand.

James Alexander, who died on July 14th, 1895, hy his will devised his estate to trustees upon trust, inter alia, to pay two-fourths of tho income thereof to his wife during her widowhood and from and after her death or remarriage to pay a quarter of tho income to his son, William Alexander, during his life. Power was given to William Alexander, in the event of his leaving no issue, to appoint by will a quarter of tho capital of the residuary estate to James Alexander. William Alexander predeceased Janies Alexander’s widow, leaving no issue. He left a will worded as tollows : " 1 give, devise, and bequeath all real and personal property of which I shall die possessed, wheresoever situated, unto my cousin, Alexander Alexander, in trust to pay ” (then fellows certain legacies and bequests, and the w'ill proceeds as follows) 11 and as to the residue of my said property I give, devise, and bequeath tho whole .or tho same to my trustee absolutely.” Alexander Alexander, the trustee, claimed that hy his will William Alexander did exercise the powers of appointment as to the quarter of the residuary estate of James Alexander, and that ho (Alexander Alexander) was therefore entitled absolutely to that share himself. The trustees of the will then took out an originating summons to have the question determined. Mr Justice Chapman decided that tho will did not operate as to" the exercise of the power of appointment given to William Alexander. In default of the appointment by William Alexander by the terms of James Alexander’s will, tho fourth share would go to the nephews and nieces of James Alexander. Alexander Alexander appealed from this decision. Argument had not concluded when the Court rose, and will he resumed this morning.