A Southland Will Case

Southland Times, Issue 19167, 3 October 1903, Page 3

A Southland Will Case

By Telegraph

(From our Special Reporter.)

DUNEDIX. Oct

A matter arising out of the will of the late Alexander Matheson, Wttikaia, ctune. before Mr Justice Williams, in Chambers, this morning in the form oi an originating summons for the interpretation of the will. The summons asked for an order interpreting the will of Alexaniler Matheson as to the elTect of the gift Of ft .share of the residuary two-thirds of the estate to the eldest daughter of Murdoch Matheson. the latter never having had a daughter Mr T. M Mucdonald appeared for the plaintiffs. Alex. Alatheson and John Matheson : Mir Harvey for the trustees, Donald Lachlan Matheson and William Mcßeaih, and Mr woodhouss for .John Muthoson. son of Murdoch Muthesnn, who clttirnod the intprest left to the eldest daughter. His Honour ruled against Mr Woodhouse and the question then nroso as to who was entitled to the bequest Mr Macdonald argued that it went to the residuary legatees in existence at tho time of the death of the testator After argument and much reference to authorities his Honour upheld Mr Macdonald's view and made the following minute :— " Share bequeathed to the eldest daughter of Murdoch Matheson in the two-thirds of the landed and leasehold property falls into the general residue as the bequest, is void for uncertainty, and is divisible amongst those of the residuary legatees named who were ill existence at the death of tin. 1 tcstntor. Costs of nil parties, including .John Matheson. to he paid, os between solicitor find client, out of the estate.''