DISPOSAL OF ESTATE

Otago Daily Times, Issue 22610, 29 June 1935, Page 11

DISPOSAL OF ESTATE

SETTLEMENT OF ACTION APPROVAL OF COURT SOUGHT. (Peb United Press Association) WELLINGTON, June 28. The Court of Appeal was asked to-day to approve of the settlement arrived at between the parties to an action which had been heard by it at the last sessions. This action arose out of the will of Allen Maguire, deceased contractor, of Wellington, and was between the Public Trustee as administrator of the will, and Leonard Stuart Wilmor M'Kenzie and Peggy Ann Maguire. The question at issue involved the destination of £29,000, and turned on the meaning of the word " survive " as used in the will in relation to Peggy Ann Maguire, who was the granddaughter of the testator, being born after her father's death. On one construction she would get the whole of the fund, and on the other M'Kenzie would get it as the legatee of his late wife, who was a daughter of testator. The compromise arrived at was that the fund should be divided into two portions, and that Peggy should get two-thirds of the fund and M'Kenzie should get one-third, subject to the setting aside of £SOOO out of Peggy's interest, of which the income for life sbould go to Peggy's mother. The Court of Appeal approved of the setrltment. It was necessary to obtain the court's approval, in view of Peggy being a minor.