INTERPRETATION OF WILL

Otago Daily Times, Issue 22066, 23 September 1933, Page 12

INTERPRETATION OF WILL

A PARTIAL INTESTACY (Per United Press Association.) WELLINGTON, September 22. The Court of Appeal reserved its decision in the case of the Public Trustee v. Richards and others and adjourned till Tuesday morning. In this case interpretation of certain portions of the will of Ellen Balmforth, widow, of Mauutahi, Taranaki, who died on January 1, 1932, was sought by the Public Trustee, as executor of the estate. The case came before the Supreme Court on July 19 last, but in view of the complicated nature of the questions raised it was removed by Mr Justice MacGregor into the Court of Appeal for consideration. Under her will Mrs Balmforth left the whole of her real estate and the residue of her personal estate to her niece, Mrs J. R. Taylor, and to her two nephews, Charles Edward Richards, of Kakaramea, near Hawera, and Thomas Charles Richards, of Manutahi, during the lifetime of Mrs Taylor, and after her death the whole to the two nephews. One of the nephews, however, predeceased Mrs Balmforth, and as a result there was a partial intestacy. The court was asked to determine as to what portion of her estate she died intestate, and who was entitled thereto. The estate was stated to be worth about £BOOO, while £2500 was directly involved in the case before the court.