A WILL CASE

New Zealand Times, Volume L, Issue 11705, 18 December 1923, Page 8

A WILL CASE

DIFFICULTY REGARDING COSTS. “In this case I intimated at the hearing that I was satisfied from tho evidence then adduced before me that I must pronounce in favour of the will propounded by the plaintiff in this action. I therefore grant probate of the will of the testator, dated August 18th, 1913, to the Public Trustee as the executor named therein, stated Mr Justice MacGregor in the Supreme Court yesterday, when delivering his written judgment in connection with the estate of George Henry Fair, deceased. The plaintiff was the Public Trustee, represented by Mr M. Myer?, K.C., and IMr Martin. The defendants were Arthur Fair and others, for whom Mr Watson appeared. His 'Honour said the question of costs had yet to be determined, and this matter had given him some littlo difficulty. After discussing the matter at some length he expressed the opinion that he did not think that it had been proved in this case that the litigation did originate in the fault of the testator, or of those interested in the residue. The judge made no order as to ecsts, except that the Publio Trustee was to nave his costa taxed as between solicitor and client and paid out of the estate of the testator.