UNUSUAL WILL

New Zealand Times, Volume L, Issue 11656, 22 October 1923, Page 4

UNUSUAL WILL

SON’S RELIGION SACRIFICED. PUBLIC TRUSTEE’S DIFFICULTY. A will case with unusual feature* came before the Chief Justice for determination on Saturday morning. The matter arose out of an originating summons concerning the will of Samuel Gower, a farmer, who formerly resided near Paten. The father embraced the Roman Catholic faith, after being a Protestant, but settled his estate, the personality of which is valued at about £IO,OOO, upon his son, on the condition that he was not to become a Roman Catholic. Mr C. G. Rose appeared for the Public Trustee, Mr M. Myers. K.C-, with Mr H. H. Cornish, for William Samuel Gower (the son), Mr A. Gray, K.C., with Mr H. F. O’Leary, for the nieces and nephews of the deceased, and Mr J. Houston, of Hawera, for Mrs Nora Gower, the widow. The testator left a valuable estate in land and personalty. By his will the income from this land was to go to the son for life, or until he became a Roman Catholic. In the event of his death, or in the case of his becoming a Roman Catholic, the land waa to go to the children of the son, or in default, to certain nephews and nieces. The personalty was to be given to the son on his majority if he had not then embraced the Roman Catholic faith. The Public Trustee waa appointed executor and testamentary guaraian of the son, with the express stipulation that he was to be brought up a Protestant. The will Was made in 1914, when William Samuel Gower was only three years of age. The deceased died in December of itist year. It was stated during the proceedings that the attention of the testator had been called on several occasions to the previsions of the will- As late as January, 1922. it was pointed out to him by a solicitor what the effect of it would be if the bov did not become a Protestant, but be had replied: “Let it stand.” This was suggested to show that ho had not forgotten a will made manv years before. Though formerly of the Protestant religion, the deceased embraced Roman Catholicism some ten months before bis death. He had actually consented to having bis child baptised as a Roman Catholic. Tlie bov had received regular instruction:in that faith, and waa later confirmed. Hia mother belonged to the same denomination as her son. Tlie proceedings? were taken by the Public Trustee in order to ascertain his duties regarding the boy’s religions instruction and education. It was also asked what would be the effect of Ins inheritance if he were brought up in the Roman Catholic faith. , , The Chief Justice said he would take, time to consider the matter, and wool deliver a written decision.