GOWER WILL CASE

Stratford Evening Post, Volume XXXXII, Issue 26, 26 March 1924, Page 2

GOWER WILL CASE

THE APPEAL COURT,

Wellington. March 25

For the appellant, it was contended that the dominant feature of the will was the direction that the infant son of the testator should be educated as a Protestant, and that the testator had waived or dispensed with the condition by his conduct in his lifetime, firstly, by allowing his son to be brought up as a Roman Catholic, and secondly, by himself becoming a Roman Catholic, in the last year of his life. That being" so, the direction as to the Protestant education must he ignored, end the court should order the child to he brought up a* a Roman Catholic, the religion in which ho had hitherto been reared. If that was done, then the conditions of not being or becoming a Roman Catholic, attached to t!:o gifts to the son. were bad. For the respondent it was contended that these conditions were good. Peconv'ng a. Catholic implied an -• and it was not till he became twenty-one th.it the child