“LET IT STAND.”

Otago Daily Times, Issue 18999, 23 October 1923, Page 13

“LET IT STAND.”

FATHER’S EEM AEK ABLE WILL. A remarkable case in which a father who had thrown aside Protestantism, to embrace the Roman Catholic faith settled his largo estate upon his son, conditional upon his not becoming a Roman Catholic, was heard before the Chief Justice (Sir Robert Stout) at Wellington on Friday, when the Public Trustee, as. executor of the will and testamentary guardian of the boy, sought to ascertain ids duties in the boy’s religious upbringing. The matter arose on an originating summons concerning the will of Samuel Gower, farmer, formerly of Whannakura, near Patea. Testator left a valuable estate consisting of land and personalty, and by his will the income from his land was to go to his son for life or until he became a Roman Catholic. On the son's death, or in the event of his becoming a Roman Catholic, the land was to go to the son's children, or, in default, to certain nephews and nieces. It was stated that the personalty, itself' amounting to about £IO,COO, was also given to his son on his attaining the age of 21. if lie had not then turned a Roman Catholic. The will further appointed the Public Trustee as executor, and also testamentary guardian of the boy, with the express stipulation that the son was to be brought up in the Protestant faith. Testator made his will in 1914, the son being then three years old, and died in December of last year. It was also stated that a solicitor had called testator's attention to the will frequently, and as late as January 1922, pointed out the effect of the will if the boy did not turn Prote.s taut. Testator had replied: “Let it stand.” so this would prove that ho had net forgotten the will. Testator formerly was a Protestant, hut embraced the Roman Catholic faith in February, 1922,-10 months before his death, and actually consented to In’s child being baptised in the Catholic faith, from which lime ho received regular religions instruction bv Catholic priests, and was eventually confirmed in the faith. The wife, it was stated, was a Catholic. The Public Trustee, therefore, took the proceedings in order to ascertain his duties in connection with the son’s religious education, and to .ascertain what the effect would he on the inheritance if the child were brought up in the Roman Catholic faith. Judgment was reserved.