INTERPRETATION OF WILL

Otago Daily Times, Issue 22675, 13 September 1935, Page 4

INTERPRETATION OF WILL

ACTION IN SUPREME COURT HIS HONOR RESERVES DECISION His Honor Mr Justice Kennedy was engaged in the Supreme Court yesterday morning with the hearing of an originating summons to obtain an interpretation of the will of William Hoole. The action was brought by the New Zealand Insurance Company, Ltd., for whom Mr M. Joel appeared, Mr J. M. Paterson representing six defendants —James Hoole, William Hoole. Frank Hoole, Thomas Hoole, Martha Rushtou and Ethel Cummings (children of the deceased) —and Mr J. S. Sinclair four other defendants —Frank Christopher Hoole, Ray William Hoole, George Harold Hoole and Ethel Catherine Hoole, grandchildren of the deceased and children of Christopher Hoole, also deceased. The amount of the estate involved was £2078 18s Gd, less real property to the value of £6OO specifically devised to the defendant Mrs Cummings.

The testator died in October, 1934, and his will was proved in the following month, the plaintiff, company being named sole executor and trustee. The testator, who was 64 years of age at the time of his death, was predeceased by his .wife and one child, the remaining six children being the first-named defendants. The. seventh child, who died at the age of 34 years, left a family of four infant children, who were the four defendants last-named." The question that the court was asked to decide was whether under the provisions of the will the infant defendants took any share of the estate and if so what share. The summons was taken out by the executor to enable this question to be settled as between the 10 defendants.

In stating his case Mr Joel emphasised the fact that the trustee had, of course, no interest in the matter beyond having his position clarified, and he therefore proposed to leave his learned friends to argue the question of law involved.

After Mr Paterson and Mr Sinclair had addressed the court on the legal aspects of the case his Honor intimated that he would take time to consider his judgment.