INVOLVED WILL CASE.

Otago Daily Times, Issue 21212, 18 December 1930, Page 8

INVOLVED WILL CASE.

PROCEEDINGS IN SUPREME COURT. '(Special to Daht Times.) WELLINGTON, December 17. You may start off with the asailmption that Ja rues Butchart is probably turning in his grave,” remarked the Chief Justice (Mr Justice Myers) in the Supreme Court to-day, when an application under the Family Protection Act was being explained by counsel. The case was one in which Alice Butchart, of Cambridge, claimed provision out of the’ estate of David Butchart, who died recently in Scotland, leaving approximately £7OOO to his niece, Annie Paxton, aleo of Scotland. .The whole of the estate had gone to the testator through the death of his son,i James Butchart, who had acquired the property in New Zealand. 'lt consisted partly of movables, and partly of immovables, all situated in New Zealand. James Butchart made a will in favour of his mother. Then he married and made a new will in his wife’s favour, the earlier will being thus revoked. His wife, the sole beneficiary, predeceased hito and later be died intestate, the whole of the estate going to his father, who left it to his niece."

“ It must be quite plain,” observed His Honor, at a later stage in the proceedings, “that James never intended to leave a shilling to his father, or that this substantial sum should go through his father to someone he never knew.” The principal question was whether the court had jurisdiction to make an order in a case where the testator was not domiciled in New Zealand and had never been resident in New Zealand, and particularly where the claimants had rights under-the Scottish law to certain portions of the estate.

After legal argument the hearing was adjourned.