WOMAN'S ESTATE

Otago Daily Times, Issue 22824, 7 March 1936, Page 2

WOMAN'S ESTATE

LEFT TO RETURNED SOLDIERS PENDING LAW ACTION (From Our Own Correspondent) SYDNEY, February 27. The New South Wales Equity Court will be called upon to decide a problem of great interest to returned soldiers in New South Wales —the distribution of the £175,000 estate of the late Mrs Elizabeth Kirby. Practically all the estate was left for the benefit of returned soldiers, but for almost two years the distributr-j. has been held up owing to clauses in the will considered to be " difficult." The Equity Court will decide whether they ar? practicable or not. The move for interpretation of the will is being made on behalf of the executors, the Perpetual Trustee Company, Ltd. Briefly, Mrs Kirby, in her will, directed that the residue of her estate should be spent in the purchase of virgin land not less than 50 miles from the Sydney General Post Office for the settlement on blocks costing not more than £SOO of cx-soldiers and their dependents. Applicants were to have been members of the Australian Imperial Force or to have been actively engaged in some theatre of war during 1914-18. Enlistment in New South Wales was essential and the soldier had to be ' vouched for as sober and industrious by the chief police officer in the district in which he lived. Many applications have been received. In the event of the court declaring the gifts to soldiers to be impracticable, it is possible that a partial intestacy may bo declared.'

In the meantime the claim by Mrs Kirby's son for £20,000 damages from the estate has been set down for hearing.