INTERESTING WILL CASE.

Otago Daily Times, Issue 13891, 1 May 1907, Page 5

INTERESTING WILL CASE.

(Per United Press Association,) AUCKLAND, April 30. Judgment was . given ■by Mr Justice Cooper this afternoon in an interesting will case. The deceased (John Coles), who prepared his own will bequeathed £250 each to his brother and sister, and the i-ost of his property to hie wife and ohildren. lucre were no children of tile marriage, but deceased was the father of thrco illegitimate children, all of whom were born before his marriago. His .widow was riot the mother of any of These children, but two of them continued to reside with him and his wife after their marriage. It had lieen, hold by the commissioner that tho Ihreo children were the childron intonded to he benefited under the will, that they shawl equally, with tho widow in the rosxhio of the estate, and ho assessed duty accordingly. This assessment was appoaled against. His Honor held that thoro was nothing in tho will or tho circumstances which was inennsisfcont with the Mention of tho testator to benefit tho childron of tno mnrriago if an.v were born after tho dato of tho will. Tho appeal was al'owed, with £7 7s costs, and it was ordered that tho final balance of the estate be assessed on tho nndorsianding that tho illegitimate children did not benefit under tho will.