SUPREME COURT.

Otago Daily Times, Issue 13857, 21 March 1907, Page 11

SUPREME COURT.

IN BANCO. Wednesday, JlAP.cn 20, (Before His Honor -Mr Justice Williams.) BEflO A.N'l) OTHERS V. DOUGLAS. All origiiiatii'g snmnicais in tlie matter of the Will of Jolm Douglas (late of Mount Royal, l'almcrslon), tlcceascil The summons was la'kwi sut. by tlio trustees of the will, who were fris plaiuliiT-, tlie two infant children being the defendants. Tlio summons v.-as lor the inter])ri'talioii ot certain claucos of the will and for an orilcr as, under (lie circumstances, inijht seem just. Nino questions were submitted for the order of the court. Six of them <lcall with the suni of £10,000 diroctcd by tlio will to bo sol apart in trust for tho infant daughter of testator, Winifred Annio Douglas, *uh] asked for a direction as to whether or not interest rp.n, and if so, from what date it- comnwnced. Two of tho other questions dealt with the maintenance, education, and upbringing of the children, mid a.i to tho sums to lw allowed for theso purposes. Tlie remaining questions dealt, witli n house to ko purchnscd by tho trustees for a residence for -Mrs .Douglas, and asitod who would be entitled to the rent during such time as tlio house w.xi Dot tenanted by her. It was a friendly rait brought by tho trustees for the interpretation of the clsuscs indicated. Deceased had signed it diaft of a will, and had died before executing a rc,;ul«rly prepared document. Mr C. J. Payne represented tlie trustees, Aloxundei Campbell liegjr, John Douglas ititchie, .lohn Fleming Douglas, and Annie Kileu Douglas; Mr J. ll.' Hosking the Guardian tid litem of the infant daughter, Winifred Annie Douglas; Mr J. C. Stephens the "iiardicn ad litem of the infant son. Allan J'itchie Douglas; and Jlr .1. V. Woodhouso the v.'ittow, Annio Kllen Douglas. Mr Payne, in opening, mentioned that tho lain Mr Donglns died on tho 12th August, .1 fl!)", leaving surviving him his widow mid throe children—Jolm l'\ Dmiglns and two inlaiils (Allan Ritchie Douglas and Winifred Annie llouglaa). Uy his will the testator dealt, practically with two properties. Waihao JJo'ivns estate and stock were given absolutely to .1. K. Douglas, and Mount Royal station uml stock (which wero subject to an annuity) to tin wife, and a charge of .£IO,OOO, Hint ink-reft, to the infant (laughter, was devised to Allan Ititohio Douglas absolutely on lib attninini; the ago of 21! years. The trustees It'll theui L elves in the hands ot the court. Mr Hoiking contended tlmt the sum of '£10, DOS bequeathed' to the daughter bore interest from the date of tho death oj tho tmtnlor, and that Hint intcrrol accunmla'.ed would ultimately bo lie.'d on tho r;amc trust us the >10,(10,1. Mr Sfephciw argued that the sura of .CJ 0,000 did not boar interest until the daughter ulfuiiieci tho ago of 20 year?, or became married. and *that no interest accumulated on the sum in any event until that time. Mr Woodhoune dealt with the question of .maintenance, education, and upbringing, and! con funded! that tho trustees could allow larger biitiw tlian tlioso specifically mentioned in tlio will for maintenance, education, and upbringing of th& children. Ho also contended that the widow- was entitled to tlio vent of any house purchased by the trustees for such timo as it might l bo» occupied by any person other than hersolf. After argument, which lr.3ted practically all <3i;y, his Honor reserved judgment.