A WILL CASE.

Poverty Bay Herald, Volume XXXX, Issue 13069, 8 May 1913, Page 6

A WILL CASE.

CHURCH OR CHILDREN?

DECISION FAVORS- DEACONS. The late William Adams, of Auckland. ia his will left property valued at about £90,000. Thp personalty, valued at about ±;60,000, w.is bequeathed, subject j to certain legacies, to the Treasurer and ! Deacons' Court of the Established High i Ohurcli of Paisley, Scotland, to be devoted to the clothing and* maintenance, of orphan children of members of the church. The reaJity was left m trust to pay the expenses of maintaining the property, after which the trustees wevo to apply the income m four parts among the children of the testator. The corpus on the aeath of th.c survivor to go to the church also. Testator had four children — Alfred Adams, James Adams, Jessie Prince, and Jane Potter. CMc of these — Jessie Prince — had died without issue, and her ...eath led to the raising of certain questions for the Court of Appeal to decide. The chief question was : Is the trust as to the testator's real estate m favor of the Paisley Church valid and binding, or is it void, as, infringing the Tule against pe-petuities?. This the Court of Anpeai, m an unanimpus judgment, answered m the affirmative, holding that the trustees were bouru. to pay to the treasurer and managers of the Deacons' Court of the said church the share of income also, to which during hi-r lifetime Jessie Prince was entitled \uider the will. The reason given was because the estate must be deemed to be tvested m the Deacons' Court. The gift of the income was simply to the children and grandchildren of 'the testator for life. The Court, therefore, held that the gift to the Deacons' Court was good, and that the rule against perpetuities had not been infringed. . - . At the hearing Mr Reed, K.C., with him Mr Fi P. Kelly, appeared for the plaintiffs; Mr M. G. McGregor for the defendant Alfred Adams; and Dr. Bamford for the Court.