SUPREME COURT.

Otago Daily Times, Issue 19317, 1 November 1924, Page 2

SUPREME COURT.

INTERPRETATION OF WILL. Sitting in the court yesterday morning l , Mr Justice Adams heard argument in the case of William Best v. the AttorneyGeneral and others, the notion being one that arose from charitable bequests made in the will of Charles Gustav Victor Leigon, of Dunedin, deceased. The bequests included one of residuary nature to the Salvation Army Orphanage one time at Middlemarch. As the orphango was removed to Anderson’s Bay, the plaintiff, who is executor of the will, asked for a direction in regard to the bequest, along with one of £SOO, which, willed to the Victoria Jubilee Convalescent Fund, had been voted to the Patients and Prisoners’ Aid Society at a meeting of members of the former body. The question arose whether the society existed at the time the testator died, and when the meeting decided to devote the money to the Prisoners and Patients’ Aid Society. If the bequests wore not allowed other institutions would benefit further.

Mr H. S. Adams appeared for the At-torney-General, Mr J. A. Wilkinson for the Salvation Army, Mr W. S. Moore for the Patients and Prisoners’ Aid Society* l Mr K. A. Duncan for the Presbyterian Social Service Association, Mr Aspinall for the executor, and Mr Barrowolough for the Hospital Board. Deceased died at Dunedin on January 3, 1924, and the residue was estimated, approximately, at £t2oo, and was to bo equally divided between the Salvation Orphanage (Middlemarch), the Old People’s Home (North-East Valley), the Benevolent Institution (Dunedin), the Patients and Prisoners’ Aid Society (Dunedin), and the Salvation Army Rescue Home (Dunedin). Counsel addressed his Honor at length on the legal aspect of the position, the main issue being whether the Victoria Jubilee Convalescent Fund had ceased to exist or not.

His Honor on that point remarked that this moribund body produced subscriptions which was an excellent proof of vitality, and asked how there could be two balance sheets if only one society existed. Attention was directed by counsel to the fact that the Patients and Prisoners’ Aid Society and the Victoria Jubilee Convalescent Fund had been carrying on similar work, but that the Patients and Prisoners’ Aid Society was doing it on an extended scale, and that it had been found the two societies could be carried on with less expense as one. It was contended that there must bo an association of persons to constitute a society, a gathering together for a common purpose, and that if that were not so a society could not exist. Three or four general meetings of the Convalescent Fund had not been called, and 48 meetings of committee had not been called. The motion carried by the Convalescent Fund handing over its affairs was an intention to wind up. That, coupled with the absence of any further activity, was evidence that the fund had ceased to exist. The right of the Patients and Prisoners’ Aid Society to elect the ladies mentioned was questioned, and it was argued that they could not be elected by a moribund society. On the other hand, it was contended that the Jubilee Convalescent Fund was still in existence, and was still collecting subscriptions. There was nothing to show that the fund had lapsed. A report that an annual masting of the Patients and Prisoners’ Aid Society and the Convalescent Fund had taken place showed that an annual meeting of the latter had been held. There had been no evidence given to contradict the affidavits before his Honor, but there was evidence that subscriptions were received, receipts given, and money disbursed. In relation to the position of the Salvation Army it was contended that a change of place was immaterial, and that a change of address made no difference. His Honor said ho had not much doubt about the case, but he would reserve his decision.