RIGHTS UNDER WILL

Otago Daily Times, Issue 23517, 3 June 1938, Page 8

RIGHTS UNDER WILL

SUPREME COURT HEARING POSITION OF ANNUITANTS An originating summons to determine the rights of certain annuitants and residuary legatees under the will of Janet Tilburn, deceased, was heard in the Supreme Court, before Mr Justice Kennedy, yesterday. The plaintiff company, the Perpetual Trustees Company, Ltd., was represented by Mr A. C. Stephens, Mr H. Brash appeared for Christopher Tilburn and others, Mr D. A, Solomon for Annie Gebbie and others, and Mr J. M. Paterson for the Plunket Society and other charitable organisations. ■/’. After hearing legal argument, his Honor said he would give his judgment in writing. ; , The value of the estate, was £27,500, and it was explained by Mr Stephens that the income would not be sufficient to meet all of the annuities bequeathed by the testatrix. As she had provided that certain annuities were to be preferred to others, it became necessary to have a direction of the court on the respective rights of the various annuitants. The residue of the estate Was bequeathed to certaur charitable institutions—the Salvation’ Army, the Presbyterian Church at Port Chalmers, the trustee of the Sir Arthur Pearson Memorial Fund, the Plunket Society," and the Presbyterian Social Service Association for assistance towards the Ross Home and Glendining Home It was necessary alsd to obtain a decision from the court on the rights of these residuary legatees. ,