RESIDUARY ESTATE SHARE.

Otago Witness, Issue 3148, 15 July 1914, Page 54

RESIDUARY ESTATE SHARE.

CURIOUS WELSH CUSTOM. (Pkb United Chess Association.) WELLINGTON, July 9. A curiosity of Welsh nomenclature was a feature of a case heard' in the Supremo Court yesterday, when, before his. Honor Mr Justice Hosking, proceedings were taken on an originating summons, with the object of securing the ruling of the court as to the 'particular person to whom one of the shares in the residuary estate of the late John Evans, farmer, formerly of Waipukurau, was to be given. The parties were John Llewellyn Charles Merton, solicitor, of Waipukurau (executor of the estate of the lato John Evans), plaintiff, and Elizabeth Jones (a married woman, Maclor Dcganwy, Wales) and Adelaide Brookes (widow, of Llandudno, Wales), defendants. Mr D. S. Smith appeared for the plaintiff, Mr J. 11. -G. Murdoch (Napier) for the executor of Elizabeth Jones (recently deceased), and Mr T. Ncavc for Adelaide Brookes. In the will of the late John Evans, after provision had been made for the payment of certain legacies, it was directed that the residuary estate should be divided into two shares, one of which the testator directed should go to “ Eliza Brookes, of Llandudno (Wales), the daughter of my sister Eliza.” It was shown that none of the nieces of the deceased answered the name of Eliza Brookes, but the defendants, who were nieces of the late Mr Evans, claimed the right to the share, amounting to £SOO. Elizabeth Jones was a daughter of the deceased’s sister Eliza, and Adelaide Brookes was not. The latter, however, was a resident of Llandudno, whereas Elizabeth Jones had lived strictly within the limits of Llandudno at the time when the deceased was on a visit to Wales. Evidence on affidavit stated that at an earlier period Elizabeth Jones had lived with her mother in Llandudno at a place named “The Bricks,” and that for the sako of distinction she had been known as Eliza Bricks. It was a common custom in Wales, according to the affidavits, to distinguish in such a manner between different people of the name of Jones. The opinion was expressed by several witnesses that the deceased Evans had intended to leave the halfshare in the- residuary estate to “Eliza Bricks,” but that the solicitor who drew up the will had mistaken his intention. In one affidavit the theory was advanced that the solicitor mistook what the testator said, because at the interview the latter was not wearing his false teeth.