INTERPRETATION OF A WILL.

Otago Witness, Issue 2924, 30 March 1910, Page 3

INTERPRETATION OF A WILL.

WELLINGTON, March 24. The Chief Justice (Sir Robert Stout) has delivered judgment in the case ot Alfred John Litchfield and others v. Charles Manby Walker and others, aa originating summons. The case concerned the construction of the will of Thomas Carter, sheep farmer, of Marlborough, who died on March 27, 1900, leaving veal and personal estate valued at over £149,000. His will provided that after provision had been made for his wife and adopted daughter the remainder of the income was to be divided amongsr certain grandchildren—those born in testator's lifetime and still alive, those bora in testator's lifetime and now dead, and those grandchildren born since the death; of testator. The question for the decision of the court was whether the represeritatives of the deceased- grandchildren were entitled to a share in the incoaie and whether the grandchildren born sinca testator's death also were entitled to a share in the income. Hi* Honor held that the three grandchildren born after the death "of the testator could not take a share, as they were aot grandchildren at the date of testator's death. The other point raised was whether the representatives of the grandchildren who were alive at testator's death but had died subsequently could claim the shares that would have gone to the deceased if they had lived. His Honor considered that they were eo entitled.